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Mental health laws in North Carolina are designed to address the needs of individuals experiencing mental health crises, ensuring their safety and well-being while balancing their rights and the interests of the community. This article provides an overview of North Carolina's mental health statutes, focusing on involuntary commitment procedures for mental health issues and substance abuse issues.
In North Carolina, the statutes governing involuntary commitment for mental health issues are primarily found in Chapter 122C of the North Carolina General Statutes. The relevant sections include:
- N.C. Gen. Stat. § 122C-261: This statute outlines the criteria and procedures for involuntary commitment for mental illness.
- N.C. Gen. Stat. § 122C-262: This statute deals with the procedures for involuntary commitment for individuals who are substance abusers.
Filing a civil commitment petition in the state of North Carolina involves several steps. We are here to help with any questions on how to potentially improve the long-term prognosis of actually making the system work with a comprehensive and caring professional behavioral health intervention. Although we are not lawyers, we are seasoned professional behavioral health intervention counselors ready to help. Please feel free to call today for a caring, confidential, and complimentary review of your case (305) 467-8666.
To involuntarily commit an individual for mental health reasons, the petitioner must demonstrate that the person is mentally ill and either:
- A danger to themselves.
- A danger to others.
- Unable to care for themselves to the extent that physical health or safety is seriously threatened.
For substance abuse, the criteria include:
- The individual is a substance abuser.
- There is a danger to themselves or others as a result of substance abuse.
The Process of Filing a Petition for Involuntary Hospitalization
Filing a petition for involuntary hospitalization in North Carolina involves several steps:
1. Initiating the Petition:
Any person with knowledge of the individual's condition can file a petition. This is often done by a family member, healthcare provider, or law enforcement officer. The petition must be filed with the clerk of court in the county where the individual resides or is found.
2. Completing the Petition:
The petitioner must complete Form AOC-SP-300A, which is available from the North Carolina Judicial Branch website. This form requires detailed information about the individual's behavior and statements that support the need for involuntary commitment.
3. Evaluation by a Qualified Professional:
After filing, the individual will be taken into custody by law enforcement and transported to a facility for evaluation by a qualified mental health professional. This evaluation must occur within 24 hours.
4. Affidavit and Examination:
The mental health professional will complete an affidavit and examination report, which will be submitted to the court. If the evaluator believes the individual meets the criteria for involuntary commitment, a hearing will be scheduled.
5. Court Hearing:
A district court judge will hold a hearing to determine whether the individual should be committed. The individual has the right to legal representation and to present evidence. If the judge finds clear, cogent, and convincing evidence that the individual meets the criteria for involuntary commitment, they will be committed to a mental health facility
6. Commitment:
If committed, the individual will be hospitalized for a period not exceeding 90 days for mental health issues or up to 180 days for substance abuse treatment. The treatment facility will develop a treatment plan and periodically report the individual's progress to the court.
Proudly serving communities throughout greater Raleigh-Durham, Charlotte, Asheville, Chapel Hill and across Wake County, Guilford County, and Mecklenburg County. We help you and your family break through some of the most seemingly impenetrable walls of resistance, denial, and even bureaucratic red tape with strategically caring and comprehensive professional intervention services. Instead of waiting for the next mental health or substance abuse crisis to happen, you can take action now! The Behavioral Help Solutions team looks forward to the opportunity to be there with you and your loved one in crisis all the way. There is hope.
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