Affidavit and Petition for Involuntary Commitment: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Affidavit and Petition for Involuntary Commitment
Category:
State:
North Carolina
Control #:
NC-SP-300
Format:
PDF
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FAQ
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.
Petition. People may be involuntarily committed when symptoms of a mental illness or substance use disorder escalate to the point of endangering themselves or others. In North Carolina, anyone who has first-hand knowledge of the individual's behavior or state of mind can complete a petition in front of a magistrate.
Involuntary commitment should be limited to persons who pose a serious risk of physical harm to themselves or others in the near future. Under no circumstances should involuntary commitment be imposed upon someone based upon a risk of harm to property or a risk of non-physical harm.
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.
You will be allowed to leave within 3 days (72 hours) unless your doctor feels you need further treatment. If this is the case, the process for involuntary commitment may be started.
Petition. People may be involuntarily committed when symptoms of a mental illness or substance use disorder escalate to the point of endangering themselves or others. In North Carolina, anyone who has first-hand knowledge of the individual's behavior or state of mind can complete a petition in front of a magistrate.
State governments have tripled since 2011 the number of mental health records submitted to the FBI's gun-purchase background checks system. The mental health records are being entered into the National Instant Criminal Background Check System (NICS), the primary database used by the FBI in its firearm background checks.
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.
