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As licensed behavioral health professionals with decades of experience in the field, we provide caring and comprehensive behavioral health intervention services that may include court-ordered care.
We take the guesswork out of trying to help your loved one in crisis by creating a strategically loving and individualized plan of action that promotes both compliance and continuity of care.
Please feel free to contact us with any questions you may have about our services 305-467-8666.
In Tennessee, the primary statute governing mental health services and the commitment of individuals for mental health treatment is the Tennessee Code Annotated Title 33 (Mental Health and Substance Abuse and Intellectual and Developmental Disabilities). This comprehensive statute outlines the procedures, rights, and responsibilities associated with mental health services in the state. Under Tennessee law, an individual may be involuntarily committed for mental health treatment if they meet one or more of the following criteria:
Under Tennessee law, an individual may be involuntarily committed for mental health treatment if they meet one or more of the following criteria:
- Severe Mental Illness: The person has a severe mental illness or severe emotional disturbance
- Risk of Harm: The individual poses a substantial likelihood of serious harm to themselves or others.
- Inability to Care for Self: The individual is unable to care for themselves and cannot provide for their basic physical needs.
To initiate the process for involuntary mental health treatment, a petition must be filed. Filing a civil commitment petition in the state of Tennessee 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.
- Prepare the Petition: Obtain the appropriate forms from the local county courthouse or the Tennessee Department of Mental Health and Substance Abuse Services.
- Complete the Petition: Fill out the petition with detailed information about the individual's mental health condition and the reasons why involuntary commitment is necessary.
- Affidavit Requirement: Include an affidavit from a licensed physician or psychologist stating that they have examined the individual and believe that the individual meets the criteria for involuntary commitment.
- File the Petition: Submit the completed petition and affidavit to the clerk of the court in the county where the individual resides or is currently located.
- Court Hearing: After filing, the court will schedule a hearing to review the petition. The individual will have the right to legal representation and to present evidence.
- Court Decision: If the court finds that the individual meets the criteria for involuntary commitment, they will issue an order for the person to be admitted to a mental health facility for evaluation and treatment.
An individual may be involuntarily committed for substance abuse treatment if they:
- Severe Substance Use Disorder: The person has a severe substance use disorder.
- Risk of Harm: The individual poses a substantial likelihood of serious harm to themselves or others due to their substance use.
- Inability to Care for Self: The person is unable to make rational decisions regarding their need for treatment and is unable to care for themselves.
The procedure for filing a petition for involuntary substance abuse treatment is similar to that for mental health treatment:
- Prepare the Petition: Obtain the necessary forms from the local county courthouse or the Tennessee Department of Mental Health and Substance Abuse Services.
- Complete the Petition: Provide detailed information about the individual’s substance use and the reasons why involuntary treatment is necessary.
- Affidavit Requirement: Attach an affidavit from a licensed physician or psychologist confirming that the individual meets the criteria for involuntary substance abuse treatment.
- File the Petition: Submit the completed petition and affidavit to the clerk of the court in the county where the individual resides or is currently located.
- Court Hearing: The court will schedule a hearing to assess the petition. The individual will have the right to legal representation and to present evidence.
- Court Decision: If the court determines that the individual meets the criteria for involuntary substance abuse treatment, they will issue an order for the individual to be admitted to a substance abuse treatment facility.
Both statutes ensure that individuals have certain rights during the commitment
process:
- Right to Counsel: Individuals have the right to be represented by an attorney during the commitment hearings.
- Right to a Hearing: Individuals have the right to a court hearing to challenge the petition for involuntary commitment.
- Right to Treatment: Individuals have the right to receive appropriate treatment in the least restrictive environment.
Civil commitment in the state of Tennessee provides for involuntary mental health assessment and stabilization. It may also be applied to help a loved one battling substance abuse issues as part of a strategically caring professional intervention plan of action. Although we are not lawyers, we can help you explore strategies to work ethically and effectively to address both debilitating symptoms of mental illness and hard to reach self-medicating behaviors.
Proudly serving communities throughout greater Memphis, Knoxville, Sevierville, Germantown and all across Shelby County, Knox County, and Williamson 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.
Call Us Now for a confidential case review (305) 467-8666.
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