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As stated above, to involuntarily commit a person, the state must prove the person is afflicted with a mental illness that causes the person to be dangerous to himself, others, or property. Generally, such proof requires medical (expert) testimony.
In order for an individual to be committed involuntarily, the following requirements are needed: (1) the patient is mentally ill; (2) the mental illness causes the patient to be dangerous to self or others or property as defined by NJSA §§ -27.2(h) and - 27.2(i); and (3) appropriate facilities or services are not ...
5150 is the number of the section of the Welfare and Institutions Code, which allows an adult who is experiencing a mental health crisis to be involuntarily detained for a 72- hour psychiatric hospitalization when evaluated to be a danger to others, or to himself or herself, or gravely disabled.
Any person may seek to have another person committed by filing a petition with the Probate Court. WHAT MUST THE PETITION CONTAIN? Names and addresses of the other people with knowledge of the defendant's illness or who observed the person's overt acts and who may be called as his witnesses.
The petitioner is usually a family member, but any person may file a petition seeking the commitment of another, provided that all the elements are met. Once the petition is filed and probable cause is determined, the patient may be involuntarily confined in a designated mental health facility.