Civil Commitment

Civil commitment is the name of the legal process used in situations where a person who is apparently afflicted with a severe mental illness and appears to need treatment, but refuses to go to, or remain, in the hospital. In such cases, the probate court may order the person to receive such treatment.

The court can order the person to remain in the hospital for three days for the purpose of evaluating the person's condition.

The civil commitment process begins with filing of an affidavit of a person who has observed the mentally ill person, and can testify as to the need for treatment. The court will then conduct a hearing on the issue of whether the person is in need of hospitalization and whether the court should order the person be taken into custody for the purpose of transport to a hospital.

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