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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.
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.
To get a court-ordered commitment, there must be some evidence to show that the person poses an imminent threat to him/herself or others. Evidence that suggests need for involuntary commitment include a threat of suicide, overt threats against another individual, or actions that might put people in danger.
House Bill 70 also expands the definition of ?real and present danger? for involuntary commitments to include the risk that the individual may ?cause, allow, or inflict serious bodily harm upon himself, herself, or another individual,? and ?be unable to satisfy his or her need for nourishment, medical care, shelter, or ...
The court or jury shall determine that the respondent is in need of care and treatment only if the court or jury finds by clear and convincing evidence that the person has a mental illness and, as a result of such mental illness, is a danger to others or to himself or herself or is gravely disabled.