Civil Commitment

opens in a new tabChanges and Clarification to Civil Commitment Processes
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.

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

Form 001-Petition for Commitment of Physical Custody of Child to the Local Mental Health Authority opens in a new tab
- Used to initiate Civil Commitment proceedings
Form 003-Commitment of Physical Custody of Child to the Local Mental Health Authority opens in a new tab
- Notice to child and appropriate others that an application has been filed and a hearing has been scheduled
Form 005-Commitment of Physical Custody of Child to the Local Mental Health Authority (2 pages) opens in a new tab
- DE (NDFF) report of commitment proceeding

Form 0029-Emergency Application for Commitment of Child Without Certification(The Pink Sheet)(2 pages) opens in a new tab
- Peace officers and mental health officers may use this form to temporarily hold a child for 72 hours (Print on pink paper)
Form 0031-Emergency Application for Commitment of Child With Certification(The Blue Sheet)(2 pages) opens in a new tab
- Allows a child to be temporarily held for 72 hours. Requires certification by an MD or DE. (Print on blue paper)

Form 35-1-Application for Voluntary Admission to Local Mental Health Authority opens in a new tab
- For individuals 18 years and older to admit self to LMHA
Form 31-1-Request for Release from Admission to Local Mental Health Authority opens in a new tab
- Voluntary patient may use this to request release (Release may be postponed up to 48 hours)
Form 31-2-Notice of Denial of Request for Release from Local Mental Health Authority opens in a new tab
- LMHA notice to patient denying request for release

Form 36-1-Application for Order of Involuntary Commitment (2 pages) opens in a new tab
- Form used to initiate involuntary civil commitment proceedings (Two sided)
Form 36-8-Report of Local Mental Health Authority/Designee of Examination Upon Admission opens in a new tab
- Used as part of the application for civil commitment process
Form 36-2-Order to Determine Existing Facts and Report of Existing Facts (2 pages) opens in a new tab
- The court may require this information before issuing an order of detention (Court Form 1st Page)
Form 36-5-Order for Commitment and/or Detention Pending Hearing and/or Examination opens in a new tab
- Court order which allows individual (proposed patient) to be detained prior to hearing (Court Form)
Form 36-9-Order Fixing Day and Notice of Hearing opens in a new tab
- Court notice to proposed patient and appropriate others of pending hearing (Court Form)
Form 36-3-Notice to Patient of Commencement of Proceedings For Involuntary Commitment opens in a new tab
- Court notice to proposed patient and appropriate others of pending hearing (Court Form)
Form 36-6-Order Appointing Designated Examiners and Report of Examination opens in a new tab
- Notice appointing a Designated Examiner and requesting an evaluation report
Form 36-18-Order Appointing Legal Counsel opens in a new tab
- Court order appointing legal counsel for proposed patient (Court Form)
Form 36-19-Designated Examiner Report to the Court (3 pages) opens in a new tab
- Designated Examiner report to court (AKA Report of Examination by Designated Examiner and Report of Designated Examiner)
Form 36-15-Notice to Drop Commitment Proceedings Prior to a Hearing opens in a new tab
- LMHA’s can use this form to discontinue the civil commitment process prior to the hearing

Form 34-2-Emergency Application for Involuntary Commitment Without Certification (The Pink Sheet)(2 pages) opens in a new tab
- Peace officers or mental health officer may use this form to temporarily hold an individual for 24 hours (Two sided. Printed on pink paper)
Form 34-1-Emergency Application for Involuntary Commitment With Certification (The Blue Sheet)(2 pages) opens in a new tab
48 Hour Hold Extension Emergency Commitment opens in a new tab
- Allows an individual to be temporarily held for 24 hours. Requires certification by MD or DE (Two sided. Printed on blue paper.)

Form 41-Notice of Transfer of Patient opens in a new tab
- LMHA uses this form to notify court that a committed patient has been transferred to a different treatment unit
Form 43-2-Order of Placement Into a More Restrictive Environment (2 pages) opens in a new tab
- LMHA can place a patient in a more restrictive setting (Patient may request a court hearing within 30 days of placement into a MRE)
Form 43-3-Findings and Order Upon Return to a More Restrictive Environment opens in a new tab
- Court order which agrees or disagrees with LMHA placing a patient into a MRE (Court Form)
Form 36-13-Order of Transfer opens in a new tab
- Allows Court to transfer the case to another district court (Court Form)

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.

Civil Commitment

Child/adolescent process

Court-ordered assisted outpatient treatment (aot) forms

AOT Overview