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The criteria for involuntary hospitalization are as follows: patients must exhibit dangerous behavior toward themselves or others, they must be helpless and unable to provide for their basic daily needs, and there is a danger of ?essential harm? to their mental health if they do not receive mental care.
A person shall be involuntarily committed by the court for outpatient treatment over objection only if all of the following criteria are satisfied by clear and convincing evidence: (1) The person is 18 years of age or older. (2) The person has a documented mental condition.
The Physician's Certificate must demonstrate sufficient facts for the Court to believe that the proposed patient is mentally ill and, as a result of the mental illness, is substantially likely to cause serious harm to self or others.
Throughout most of the developed world, the standard for both involuntary psychiatric hospitalization and involuntary outpatient treatment is that the person has a mental illness and represents an acute threat to self or others and that less coercive measures (eg, acute outpatient crisis intervention, voluntary ...
If an OPC is issued, a probable cause hearing must be held within 72 hours. At this hearing the judge decides whether the patient will be held at a mental health facility or released, while awaiting the mental health hearing.