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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.
While laws vary from state to state, all state laws include two basic criteria for commitment. The first is that a person must have (or be suspected of having) a mental illness. The second is that a person must be at risk of harming themselves or others.
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 ...
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.
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.