Involuntary Commitments

The policy of the State is to assist individuals with mental illness, developmental disabilities, and substance abuse problems in ways consistent with the dignity, rights, and responsibilities of all North Carolina citizens. Within available resources it is the obligation of State and local government to provide services to eliminate, reduce, or prevent the disabling effects of mental illness, developmental disabilities, and substance abuse through a service delivery system designed to meet the needs of clients in the least restrictive available setting, if the least restrictive setting is therapeutically most appropriate, and to maximize their quality of life. (NCGS 122C-2 Policy)

Mental illnesses are devastating diseases, not only for those who experience them, but for friends and family as well. Under the best of circumstances, making a decision whereby a spouse or loved one is placed in the custody of a mental health facility can be an overwhelmingly stressful event. And, while everyone should have the right to make their own decisions about medical care, there are individuals with mental disorders such as schizophrenia, bipolar disorder, or other affective disorders who, at times, due to their illness, lack insight or good judgment about their need for medical treatment.

When a person's illness makes it difficult for him to recognize the need for the structure, safety, and treatment that a hospital can provide, it is up to someone else who cares about the person to seek help and petition for issuance of a court order to have him taken into custody for examination by a qualified physician or eligible psychologist hospitalized in a process called "involuntary commitment".

A magistrate is authorized to issue custody orders for involuntary commitment for a respondent (the person being involuntarily committed) who resides in the magistrate's county or who may be found in that county. Once the petition is approved, it is considered to be a warrant that authorizes a law enforcement officer to take the respondent into custody and transport him to a locally designated facility for evaluation.

Legal Requirements for Involuntary Commitment

Chapter 122C of the North Carolina General Statutes requires that the respondent be mentally ill and a danger to himself or others or in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness.

Definitions
"Dangerous to himself" means that within the relevant past the respondent has

acted in such a way as to show that he would be unable, without care, supervision, and the continued assistance of others not otherwise available, to exercise self-control, judgment, and discretion in the conduct of his daily responsibilities and social relations, or to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety; and that there is a reasonable probability of his suffering serious physical debilitation within the near future unless adequate treatment is given. (A showing of behavior that is grossly irrational, of actions that the individual is unable to control, of behavior that is grossly inappropriate to the situation, or of other evidence of severely impaired insight and judgment creates a prima facie inference that the individual is unable to care for himself) or
The individual has attempted suicide or threatened suicide and that there is a reasonable probability of suicide unless adequate treatment is given or
The individual has mutilated himself or attempted to mutilate himself and that there is a reasonable probability of serious self-mutilation unless adequate treatment is given.
"Dangerous to others" means that within the relevant past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and that there is a reasonable probability that this conduct will be repeated. NCGS 122C-3(11)(B)

Note that involuntary commitment and court-ordered treatment should only be used as a last resort and only when it is believed to be in the best interests of the individual.

The complete text of Chapter 122C of the General Statutes of North Carolina titled Mental Health, Developmental Disabilities, and the Substance Abuse Act of 1985 is available here.