Judicial Psychiatric Commitments

Step 1: Contact the local mental health center in the geographic region where the alleged mentally ill person lives for the commitment screening. Step 2: If the mental health professional completes the Petition for Judicial Commitment, the Petitioner will be instructed to file this Petition with the Probate Court.

Step 3:

The Probate Court will schedule an examination date, appoint two designated examiners to evaluate the person alleged to be mentally ill and schedule a hearing.  (The evaluation and hearing dates are a week apart.)  The hearing must be held not less than five nor more than seven days, excluding Saturdays, Sundays, and legal holidays, from the receipt of the report of the designated examiners.

Step 4:

The Probate Court will appoint an attorney to represent the patient throughout these proceedings.  All interested parties (Patient, petitioner, attorney, and next of kin) will receive by mail a copy of the Petition of Judicial Commitment, Appointment of Designated Examiners, Notice of Examination, and Notice of Hearing.  (The person alleged to be mentally ill is given the opportunity to appear on a voluntary basis for both the examination and the hearing.  If the person fails to appear an Order will be issued requiring a law enforcement officer to take the person into custody and transport him/her to the mental health center.)

Step 5:

The examination will take place at the mental health facility where the Petition was completed.  Upon examination, if the examiners feel that the person needs involuntary treatment (Court-Ordered outpatient treatment or inpatient hospitalization), they will notify the Probate Court that a hearing does need to be held.

Step 6:

In most cases the hearing will take place at the mental health center where the Petition was completed and the examination took place.  The Probate Judge will hear testimony from the other two designated examiners and anyone else that is present for the hearing and who wishes to testify.  After hearing all the testimony, the Probate Judge will Order, based on the recommendations of the designated examiners, either inpatient commitment at a mental health facility or mandatory outpatient treatment at the local mental health facility.  (The Probate Judge can order outpatient treatment with a private psychiatrist if the family and patient are in agreement with the Order.)  If the Judge orders inpatient treatment, the patient is taken directly from the hearing to the hospital.  It will be the decision of the treatment team at the hospital as to when the patient can be discharged.

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This information is intended to be a general guide to persons who need assistance in commitment proceedings.  It is not intended to be legal advice and is not a complete explanation of the law.  If you need further assistance, you are advised to seek legal counsel of your choice.