Vol. 12, No. 3, Pg. 38. Legal Aspects of Involuntary Commitment.

• Author: By the Hon. Amy W. McCulloch and the Hon. Jacqueline D. Belton

South Carolina Lawyer

2000.

Vol. 12, No. 3, Pg. 38.

Legal Aspects of Involuntary Commitment

38LEGAL ASPECTS OF INVOLUNTARY COMMITMENTBy the Hon. Amy W. McCulloch and the Hon. Jacqueline D. BeltonIn 1998, the involuntary commitments for South Carolina totaled 2,148. The jurisdiction for commitment procedures lies with the probate court. This article is intended to provide an overview of the legal aspects of the involuntary commitment process. Attorneys may find themselves involved in the commitment process by being hired by a family member to assist with the process, being hired by a client that has been committed or by being court appointed to represent an individual who has been committed.

The involuntary commitment process includes not only the emergency commitment procedures but also the judicial commitment procedures. The emergency commitment procedures are for those individuals who, either because of a mental illness or a chemical dependency, are a danger to themselves or someone else unless they are immediately hospitalized or treated. The judicial commitment procedures are for those individuals who, either because of a mental illness or chemical dependency, are in need of an evaluation to determine what steps are necessary to medicate, supervise or treat an individual in a care facility.

Involuntary commitment procedures are also available for those under the age of 18. These procedures are provided for a situation when a parent or guardian is unable or unwilling to access treatment for the minor.

INVOLUNTARY EMERGENCY COMMITMENT OF MENTALLY ILL ADULTS

Adults who are alleged to be mentally ill are involuntarily committed under an emergency pursuant to S.C. Code Ann. §§44-17-410 through 44-17-460 (as amended).

Attorneys may find themselves involved in the commitment process by being hired by a family member to assist with the process, being hired by a client that has been committed or by being court appointed to represent an individual who has been committed.

Initiating the Process for Commitment. An interested party completes an Application for Involuntary Emergency Hospitalization for Mental Illness. This application process typically occurs at the county mental health office, during business hours, and at the county hospital emergency room during non-business hours. When an individual refuses treatment or refuses to cooperate, a social worker or mental health worker, after assisting the interested party with the application, will then contact the probate judge for the county to obtain a Detention Order, based on the emergency circumstances, pursuant to S.C. Code Ann. §44-17-430 (as amended 1992).

After the Detention Order is signed and relayed to the local law enforcement agency for transport, the alleged mentally ill adult will be taken into custody for evaluation. This must occur within 24 hours of the Order for Detention.

The physician's certification is completed by the examining physician, noting whether the person is mentally ill. Part II must be fully completed, indicating the date and time of examination, facts that serve as the basis for the physician's findings, the physician's signature and printed name, and the physician's license number and address. All of this information is important, but critical to the due process aspects of the commitment process are the date and time of examination and the symptoms and specific examples of behavior the physician used as a basis for the finding of mental illness.

The person found to be mentally ill by the examining physician must be admitted to a facility within three...