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    As the largest
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              Resources | Microsites | Mental Health | Involuntary Commitment Program Documents
              Microsite

              Mental Health

              Involuntary Commitment Program Documents

              Mark F. Botts

              Legal Summaries

              Criteria for Involuntary Commitment
              Abstract: 

              Provides the criteria for involuntary commitment and their statutory definitions.

              View legal summary page
              North Carolina Involuntary Commitment Process
              Abstract: 

              This summary is a diagram of the steps leading to court-ordered treatment after initiating the commitment process using each of the three commitment procedures (layperson, authorized clinician, emergency).

              View legal summary page
              Steps Following the Issuance of a Custody Order for Involuntary Commitment
              Abstract: 

              This summary explains the steps that will occur following the magistrate’s issuance of a custody order in response to a petition for involuntary commitment.

              View legal summary page
              Steps Following a Clinician Request for Involuntary Commitment
              Abstract: 

              Summary explains the steps that will occur following the submission of a petition for commitment to a magistrate by a clinician authorized to perform the first examination in the commitment process.

              View legal summary page
              Procedure for Respondents with Mental Retardation
              Abstract: 

              This summary describes some of the special procedural steps that must be followed if an individual, in addition to being mentally ill and dangerous to self or others, also has mental retardation.

              View legal summary page
              Involuntary Commitment Cases
              Abstract: 

              Summarizes seven cases where the court reviewed the facts to determine whether they supported a finding of dangerousness to self or dangerousness to others.

              View legal summary page
              Overview of Commitment Law and Procedure
              Abstract: 

              This summary sets forth the commitment criteria and outlines the commitment procedure beginning with the petition and custody order and continuing through the first and second examinations, court hearing and disposition, treatment, rehearing, supplemental hearing, and termination.

              View legal summary page
              Emergency Procedure for Substance Abuse Commitment
              Abstract: 

              This summary outlines the criteria and procedure for an individual who is a substance abuser, dangerous to self or others, and in need of restraint due to violent behavior.

              View legal summary page
              Public Officials - Courts and Judicial Administration Roles
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              Mental Health

              • Involuntary Commitment Law -- An Online Training Program
              • The SUN Project--Interagency Sharing of Confidential Information to Coordinate Care and Treatment for Pregnant Women

              North Carolina Public Mental Health System

              • LME-MCOs--NC Public Mental Health Authorities
              • Demystifying the Mental Health System
              • "Mental Health Services," in County Government in North Carolina

              Confidentiality

              • The Confidentiality of Mental Health, Intellectual and Developmental Disabilities, and Substance Use Disorder Records
              • NC Juvenile Justice-Behavioral Health Information Sharing Guide
              • Subpoenas and Court Orders: Abuse, Neglect, and Dependency Proceedings
              • Court Order to Disclose: Guardianship Proceedings
              • Court Order to Disclose: Applicable Confidentiality Laws
              • District Court Judges: Confidentiality of SUD Treatment Records
              • District Attorneys: Accessing MH/IDD/SUD Records
              • DSS Attorneys: Confidentiality of SUD Records
              • Health Departments: Confidentiality of MH/IDD/SUD Records
              • Sharing Confidential Information: Questions to Ask
              • Federal Regulations Governing Confidentiality of Substane Use Disorder Records

              Involuntary Commitment

              • Involuntary Commitment Law and Procedure
              • Commitment Criteria
              • Commitment Procedure
              • What Happens After a Magistrate Issues a Custody Order
              • What Happens After a Clinician Petitions for Commitment
              • 24-Hour Facility Check List
              • Law Enforcement Responsibilities
              • Psychiatric Advance Directives and Health Care Powers of Attorney
              • 2018 Legislation-S.L 2018-33 (S 630)
              • 2019 Legislation-S.L. 2019-240 (S 537) [Part IV: Involuntary Commitment pages 46-50]
              • First Examination Form
              • 24-Hour Facility Examination Form

              Faculty Coordinators

              individual image for Mark F. Botts
              Mark F. Botts
              Associate Professor of Public Law and Government
              botts@sog.unc.edu
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