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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.
The process begins in the Chancery Clerk's office of the county where the person who is thought to be in need of psychiatric treatment lives. Any citizen of Mississippi can initiate the process by submitting a sworn statement requesting psychiatric treatment for that person.
A person who misuses or abuses alcohol or drugs to the extent that they cannot make rational decisions about their basic requirements, such as food, shelter, and medical treatment, would serve as an example.
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.
A person with a serious mental health condition, through an outpatient commitment order, can be court- mandated to follow a specific treatment plan, usually requiring medication and sometimes directing where the person can live and what his or her daily activities must include.