Chapter 31 - Involuntary Commitment

Abstract

This chapter addresses the history of civil commitment in the United States, the landmark cases that have helped determine the criteria for commitment, the therapist's obligation toward his or her patient and others, and how the concept of civil commitment is being used in modern-day psychiatric and psychological practices. The legal basis for involuntary hospitalization and civil commitment consists of two concepts, police powers and “parens patriae.” The concept of police powers states that the government has the authority to prevent harm to the community, including harm to mentally ill individuals. Present commitment laws require that such individuals be mentally ill in addition to being a danger to themselves or others. A non-mentally ill person who might be dangerous would not be committed because hospitalization would not benefit that individual. Most states allow emergency commitments for short-term hospitalization until a court hearing is held. Within days to weeks, a formal hearing is conducted to decide commitment for hospital-based or outpatient psychiatric care. Some states have attempted using the standard of danger to property for civil commitment.