Civil Commitment
- 2024 Changes and Clarification to Civil Commitment Process
- opens in a new tabLetter From SUMH Director Clarifying Responsibilities for Transportation of Civilly Committed Individuals
Civil Commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital (inpatient), or in the community (outpatient). All citizens have civil liberties that need to be protected under both federal and state laws, so following “due process” is the most important. Treatment is not punishment! The state may need to take away some civil liberties because an individual presents a danger to self or others due to mental illness.
Declaration for mental health treatment, also known as a psychiatric or mental health advance directive, is a legal tool that allows a person with mental illness to state their preferences for treatment in advance of a crisis. They can serve as a way to protect a person’s autonomy and ability to self-direct care. They are similar to living wills and other medical advance planning documents used in palliative care.
Child/adolescent process
A clear and separate civil commitment of a child/adolescent exists in Utah statute and rule. Separate standards, paperwork and procedures are also used. In the commitment of a child/adolescent, the Designated Examiner may also be referred to as a Neutral & Detached Fact Finder (NDFF). This person should not be involved in the child’s treatment. 26B-5-403
Adult Process
Court-ordered assisted outpatient treatment (aot) forms
Senate Bill 39 Court-ordered AOT, creates a path to get involved "before" a person becomes a substantial danger to self or others. However, the person must still meet specific criteria to be court-ordered into treatment.
- Form 39-1-Application for Court-ordered Assisted Outpatient Treatment opens in a new tab
- Form 39-10-Initial Findings and Order of Assisted Outpatient Treatment opens in a new tab
- Form 39-19 Designated Examiner Report To The Court opens in a new tab
- Form 42-Notice of Discharge From Order for Assisted Outpatient Treatment opens in a new tab