This form is used when the party is mentally ill and poses a real and present threat of substantial harm to himself/herself and to others. This petition requests a hearing to determine that the party is mentally ill; and enter an order of commitment to the custody of the state Department of Mental Health.
Alabama Petition For Mental Health Commitment
Category:
State:
Alabama
Control #:
AL-016-14-CP
Format:
Word;
Rich Text
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FAQ
Involuntary commitment, civil commitment, or involuntary hospitalization (also known informally as sectioning or being sectioned in some jurisdictions, such as the United Kingdom) is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in
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.
The laws for Treatment Orders vary by state, but generally speaking, a mental health professional can apply for an order, which must then be approved by a legal authority such as a magistrate or tribunal.
What happens during an involuntary hold? When a person is detained for up to 72 hours, the emergency facility or hospital is required to do an evaluation of that person, taking into account his/her medical, psychological, educational, social, financial and legal situation.
If it's not an emergency, take the person to your local mental health center or mental health hospital if they will go voluntarily. If they refuse help, contact the Probate Judge's Office, Sheriff's Office, mental health center, or your attorney on how to initiate an involuntary commitment.
Involuntary Patients You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment.
Illegal commitments can be challenged and the records expunged through the filing of a petition with the Court of Common Pleas. If the petition to expunge is granted, the involuntary commitment record is expunged and the petitioner's rights, including the right to bear arms are restored.
Depending on whether the person seeks treatment for a mental condition he or she experiences, a therapist or a counselor can have a person committed against his or her will.The therapist will have the power to contact the appropriate authorities and have the person sent to a mental health clinic.
