Mark Botts, Associate Professor (2009)
Criteria for Involuntary Commitment
in North Carolina
Mental Illness (Adults)
an illness that so lessens the capacity of the individual to use self-control, judgment, and
discretion in the conduct of his affairs and social relations as to make it necessary or advisable
for him to be under treatment, care, supervision, guidance, or control.
Mental Illness (Minors)
a mental condition, other than mental retardation alone, that so impairs the youth's capacity
to exercise age-adequate self-control or judgment in the conduct of his activities and social
relationships that he is in need of treatment.
Substance abuse
the pathological use or abuse of alcohol or other drugs in a way or to a degree that produces
an impairment in personal, social, or occupational functioning. Substance abuse may include
a pattern of tolerance and withdrawal.
Dangerous to self
Within the relevant past, the individual has:
1. acted in such a way as to show that
a. he would be unable, without care, supervision, and the continued assistance of
others not otherwise available, to exercise self-control, judgment, and discretion
in the conduct of his daily responsibilities and social relations, or to satisfy his
need for nourishment, personal or medical care, shelter, or self-protection and
safety; and
b. there is a reasonable probability of his suffering serious physical debilitation
within the near future unless adequate treatment is given. Behavior that is grossly
irrational, actions that the individual is unable to control, behavior that is grossly
inappropriate to the situation, or other evidence of severely impaired insight and
judgment creates an inference that the individual is unable to care for himself; or
2. attempted suicide or threatened suicide and there is a reasonable probability of suicide
unless adequate treatment is given; or
3. mutilated himself or attempted to mutilate himself and there is a reasonable probability
of serious self-mutilation unless adequate treatment is given.
Previous episodes of dangerousness to self, when applicable, may be considered when
determining the reasonable probability of serious physical debilitation, suicide, or serious self-
mutilation.
Dangerous to others
Within the relevant past the individual has:
1. inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another and
there is a reasonable probability that this conduct will be repeated, or
2. acted in a way that created a substantial risk of serious bodily harm to another and
there is a reasonable probability that this conduct will be repeated, or
3. engaged in extreme destruction of property and there is a reasonable probability
that this conduct will be repeated.
Previous episodes of dangerousness to others, when applicable, may be considered when
determining the reasonable probability of future dangerous conduct. Clear, cogent, and
convincing evidence that an individual has committed a homicide in the relevant past is
evidence of dangerousness to others.
Source: NC General Statutes 122C-3
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*Use when respondent requires
immediate hospitalization;
procedure by-passes magistrate.
Layperson petition
Layperson completes
petition in front of
magistrate
Clinician petition
Clinician completes
petition & exam form
(1
st
exam), then faxes to
magistrate
Emergency petition*
Clinician completes
exam form & emergency
certificate (1
st
exam),
submits to clerk of court
for 24-hr. facility & local
officer
Magistrate reviews
petition & issues
custody order
Officer transports
respondent
Hospital ER or LME
facility (1
st
exam)
24-hour facility
(2
nd
exam )
Hearing: Court orders release, outpatient,
inpatient, or substance abuse commitment
District court judge
reviews
examination form
Magistrate reviews
petition & issues
custody order
Officer transports
respondent
Officer transports
respondent pursuant to
emergency certificate
Officer transports
respondent
Mark Botts, Associate Professor (2009)
Respondent
shows signs
& symptoms
North Carolina
Involuntary
Commitment Process
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Mark Botts, Associate Professor (2009)
What Happens After a Magistrate Issues
a Custody and Transportation Order
Source: Administration of Justice Bulletin, September 2007
Upon request, the magistrate or clerk of court has issued an order for custody and transportation of a
person alleged to be in need of examination and treatment. This order is not an order of commitment but
only authorizes the person to be evaluated and treated until a court hearing. The individual making the
request has filed a petition with the court for this purpose and is, therefore, called the "petitioner." The
individual to be taken into custody for examination will have an opportunity to respond to the petition and
is, therefore, called the "respondent." If you are taken into custody, the word "respondent," below, refers to
you.
1. A law enforcement officer or other person designated in the custody order must take the respondent
into custody within 24 hours. If the respondent cannot be found within 24 hours, a new custody order
will be required to take the respondent into custody. Custody is not for the purpose of arrest, but for the
respondent's own safety and the safety of others, and to determine if the respondent needs treatment.
2. Without unnecessary delay after assuming custody, the law enforcement officer or other individual
designated to provide transportation must take the respondent to a physician or eligible psychologist
for examination.
3. The respondent must be examined as soon as possible, and in any event within 24 hours, after being
presented for examination. The examining physician or psychologist will recommend either outpatient
commitment, inpatient commitment, substance abuse commitment, or termination of these
proceedings.
Inpatient commitment: If the examiner finds the respondent meets the criteria for inpatient commitment, the
examiner will recommend inpatient commitment. The law enforcement officer or other designated person
must take the respondent to a 24-hour facility.
Outpatient commitment: If the examiner finds the respondent meets the criteria for outpatient commitment,
the examiner will recommend outpatient commitment and identify the proposed outpatient treatment
physician or center in the examination report. The person designated in the order to provide transportation
must return the respondent to the respondent's regular residence or, with the respondent's consent, to the
home of a consenting individual located in the originating county. The respondent must be released from
custody.
Substance abuse commitment: If the examiner finds the respondent meets the criteria for substance abuse
commitment, the examiner must recommend commitment and whether the respondent should be released or
held at a 24-hour facility pending a district court hearing. Depending upon the physician's recommendation,
the law enforcement officer or other designated individual will either release the respondent or take him or
her to a 24-hour facility.
Termination: If the examiner finds the respondent meets neither of the criteria for commitment, the
respondent must be released from custody and the proceedings terminated. If the custody order was based
on the finding that the respondent was probably mentally ill, then the person designated in the order to
provide transportation must return the respondent to the respondent's regular residence or, with the
respondent's consent, to the home of a consenting individual located in the originating county.
4. If the law enforcement officer transports the respondent to a 24 hour facility, another evaluation must
be performed within 24 hours of arrival. This evaluator has the same options as indicated in step 3
above. If the respondent is not released, the respondent will be given a hearing before a district court
judge within 10 days of the date the respondent was taken into custody.
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FORMS
Affidavit and Petition for Involuntary Commitment,” AOC-SP-300,
revised Sept., 2003.
Findings and Custody Order Involuntary Commitment,” AOC-SP-302,
revised Dec., 2009.
Findings and Order Involuntary Commitment Physician-Petitioner
Recommends Outpatient Commitment,” AOC-SP-305, revised Jan., 1998.
Examination and Recommendation to Determine Necessity for
Involuntary Commitment,” DMH 5-72-01, revised Dec., 2009.
Supplement to Support Immediate Hospitalization/Certificate,”
DMH 5-72-01-A, revised Sept., 2001.
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The facts upon which this opinion is based are as follows: (State facts, not conclusions, to support ALL blocks checked.)
a substance abuser and dangerous to self or others.2.
Home Telephone No. Business Telephone No.
Petitioner requests the court to issue an order to a law enforcement officer to take the respondent into custody for
examination by a person authorized by law to conduct the examination for the purpose of determining if the respondent
should be involuntarily committed.
Deputy CSC
Notary (use only with physician or psychologist petitioner)
SWORN AND SUBSCRIBED TO BEFORE ME
Signature Of Petitioner
Signature
SEAL
Assistant CSC Clerk Of Superior Court Magistrate
Name, Address And Zip Code Of Petitioner (Type Or Print)
Date Notary Commission Expires
Relationship To Respondent
Date
Home Telephone No. Business Telephone No.
Home Telephone No. Business Telephone No.
Name, Address And Zip Code Of Nearest Relative Or Guardian Name, Address And Zip Code Of Other Person Who May Testify To Facts
in addition to being mentally ill, respondent is also mentally retarded.
mentally ill and dangerous to self or others or mentally ill and in need of treatment in order to prevent further disability
or deterioration that would predictably result in dangerousness.
1.
STATE OF NORTH CAROLINA
File No.
Original-File Copy-Hospital Copy-Special Counsel Copy-Attorney General
(Over)
AOC-SP-300, Rev. 9/03
2003 Administrative Office of the Courts
In The General Court Of Justice
District Court Division
County
IN THE MATTER OF:
AFFIDAVIT AND PETITION FOR
INVOLUNTARY COMMITMENT
G.S. 122C-261, 122C-281
Name, Address And Zip Code Of Respondent
I, the undersigned affiant, being first duly sworn, and having sufficient knowledge to believe that the respondent is a proper
subject for involuntary commitment, allege that the respondent is a resident of, or can be found in the above named county,
and is:
(Check all that apply)
Drivers License No. Of Respondent State
Date Of Birth
Social Security No. Of Respondent
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AOC-SP-300, Side Two, Rev. 9/03
2003 Administrative Office of the Courts
PETITIONER'S WAIVER OF NOTICE OF HEARING
I voluntarily waive my right to notice of all hearings and rehearings in which the Court may commit the respondent or
extend the respondent's commitment period, or discharge the respondent from the treatment facility.
Signature Of Witness
Signature Of Petitioner
Date
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AM PM
and take the respondent for examination by a person authorized by law to conduct the examination. (A COPY OF THE
EXAMINER'S FINDINGS SHALL BE TRANSMITTED TO THE CLERK OF SUPERIOR COURT IMMEDIATELY.)
IF the examiner finds that the respondent IS NOT a proper subject for involuntary commitment, then you shall take the respondent
home or to a consenting person's home in the originating county and release him/her.
IF the examiner finds that the respondent IS mentally ill and a proper subject for outpatient commitment, then you shall take the
respondent home or to a consenting person's home in the originating county and release him/her.
IF the examiner finds that the respondent IS mentally ill and a proper subject for inpatient commitment, then you shall transport the
respondent to the 24-hour facility named below for temporary custody, examination and treatment pending a district court hearing.
IF the examiner finds that the respondent IS a substance abuser and subject to involuntary commitment, the examiner must
recommend whether the respondent be taken to a 24-hour facility or released, and then you shall either release him/her or
transport the respondent to the 24-hour facility named below for temporary custody, examination and treatment pending a district
court hearing.
mentally ill and dangerous to self or others or mentally ill and in need of treatment in order to prevent further disability or
deterioration that would predictably result in dangerousness.
Name And Address Of Respondent
Drivers License No. Of Respondent StateDate Of Birth
Social Security No. Of Respondent
Deputy CSC Assistant CSC Clerk Of Superior Court
Magistrate
1.
CUSTODY ORDER
I. FINDINGS
The Court finds from the petition in the above matter that there are reasonable grounds to believe that the facts alleged in the petition are
true and that the respondent is probably:
(Check all that apply)
1.
In addition to being mentally ill, the respondent probably is also mentally retarded.
a substance abuser and dangerous to self or others.
Original-File Copy-Hospital Copy-Special Counsel Copy-Attorney General
(Over)
In The General Court Of Justice
District Court Division
County
IN THE MATTER OF:
FINDINGS AND CUSTODY ORDER
INVOLUNTARY COMMITMENT
G.S. 122C-261, -263, -281, -283
AOC-SP-302, Rev. 12/09
© 2009 Administrative Office of the Courts
You shall take the respondent into custody within 24 hours after the date this Order is signed. Without unnecessary delay after assuming custody, you
shall take the respondent to an area facility for examination by a person authorized by law to conduct the examination; if an authorized examiner is not
immediately available in the area facility, you shall take the respondent to any authorized examiner locally available. If an authorized examiner is not
available, you may temporarily detain the respondent in an area facility if one is available; if an area facility is not available, you may detain the respondent
under appropriate supervision, in the respondent's home, in a private hospital or clinic, or in a general hospital, but not in a jail or other penal facility.
Complete the Return Of Service on the reverse and return to the Clerk of Superior Court immediately.
NOTE TO MAGISTRATE OR CLERK:
If the respondent is mentally retarded in addition to being mentally ill, you must contact the area authority before issuing a custody order to determine the
facility to which the respondent will be taken. If the area mental health authority where the respondent resides has a single portal plan, you must call the
area authority to determine the appropriate 24-hour facility or other treatment before issuing any custody order.
NOTE TO ANY LAW ENFORCEMENT OFFICER:
The Court ORDERS you to take the above named respondent into custody
TO ANY LAW ENFORCEMENT OFFICER:
and transport the respondent directly to the 24-hour facility named below, for temporary custody, examination and treatment
pending a district court hearing. (FOR PHYSICIAN/PSYCHOLOGIST PETITIONERS ONLY.)
2.
2.
Signature
Date
Time
Name Of 24-Hour Facility For Mentally Ill
Or following facility designated by area authority:
Name Of 24-Hour Facility For Substance Abuser
Or following facility designated by area authority:
File No.
STATE OF NORTH CAROLINA
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AM PM
AM PM
The respondent was presented to an authorized examiner locally available as shown below.
The respondent was temporarily detained at the facility named below until the respondent could be examined by an
authorized examiner locally available.
AM
PM
AM
PM
AM
PM
AM
PM
Upon examination, the examiner named above found that the respondent did not meet the criteria for inpatient or outpatient
commitment. I returned the respondent to his/her regular residence or the home of a consenting person.
Upon examination, the examiner named above found that the respondent is mentally ill and meets the criteria for inpatient
commitment, or is a substance abuser and meets the criteria for commitment and the examiner recommends that the respondent
be held pending the district court hearing.
Upon examination, the examiner named above found that the respondent is mentally ill and meets the criteria for outpatient
commitment, or is a substance abuser and meets the criteria for commitment and the examiner recommends release pending a
hearing. I returned the respondent to his/her regular residence or the home of a consenting person.
1.
3.
2.
I transported the respondent and placed the respondent in the temporary custody of the facility named below for observation
and treatment.
I placed the respondent in the custody of the agency named below for transportation to the 24-hour facility.
The examiner's written statement is attached. will be forwarded.
Pursuant to G.S. 122C-261(f), I took custody of the respondent from the state 24-hour facility named above, where
he/she was not admitted, and transported the respondent and placed him/her in the temporary custody of the facility
named below for observation and treatment.
I took custody of the respondent from the officer named above, transported the respondent and placed him/her in the
temporary custody of the facility named below for observation and treatment.
I transported the respondent directly to and placed him/her in the temporary custody of the facility named below.
2.
1.
Name Of Local Facility
A. PATIENT DELIVERY TO LOCAL EVALUATION SITE
Time Date Presented Name Of Examiner
Respondent WAS NOT taken into custody for the following reason:
I certify that this Order was received and served as follows:
Date Delivered
II. RETURN OF SERVICE
AOC-SP-302, Side Two, Rev. 12/09, © 2009 Administrative Office of the Courts
E. FOR USE WHEN STATE FACILITY TRANSFERS WITHOUT ADMISSION
Signature Of Law Enforcement Or State Facility Official
D. FOR USE WHEN ANOTHER AGENCY TRANSPORTS THE RESPONDENT
Signature Of Person Taking Custody Of Respondent
C. FOR USE WHEN PETITIONER IS PHYSICIAN/PSYCHOLOGIST
Signature Of Law Enforcement Official
Signature Of Law Enforcement Official
Date Respondent Taken Into Custody Time
Name Of 24-Hour Facility
Name Of Transporting Agency
Date Delivered Time Delivered Date Of Return
Date Delivered Time Delivered Date Of ReturnName Of 24-Hour Facility
Name Of Transporting Agency
Date Delivered Time Delivered Date Of ReturnName Of 24-Hour Facility
Name Of Person Taking Custody of Respondent
Name Of Facility To Which Transferred
Name Of Transporting Agency
Time Delivered Date Of Return
Signature Of Law Enforcement OfficerName Of Law Enforcement Officer
B. FOR USE AFTER PRELIMINARY EXAMINATION
Name Of Law Enforcement Officer Signature Of Law Enforcement Officer
(NOTE: Section II above MUST be completed. Sections A and B should NOT be completed.)
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Name And Address Of Respondent
Signature
mentally ill and in need of treatment in order to prevent further disability or deterioration that would predictably result
in dangerousness.
a substance abuser and dangerous to himself/herself or others.
STATE OF NORTH CAROLINA
ORDER
FINDINGS
Schedule an initial hearing for the respondent pursuant to G.S. 122C-264 or G.S. 122C-284 and give notice of
the hearing as required by those statutes.
The petitioner in this case is a physician/eligible psychologist who has recommended outpatient commitment/substance
abuse commitment with the respondent being released pending hearing.
The Court finds from the petition in the above matter that there are reasonable grounds to believe that the facts alleged
in the petition are true and that the respondent is probably:
File No.
NOTE TO CLERK:
In The General Court Of Justice
Superior Court Division
County
IN THE MATTER OF:
FINDINGS AND ORDER
INVOLUNTARY COMMITMENT
PHYSICIAN-PETITIONER
RECOMMENDS OUTPATIENT COMMITMENT
G.S. 122C-261
NOTICE: This form is to be used instead of the Findings And Custody Order (AOC-SP-302) only when the petitioner is a physician
or psychologist who recommends outpatient commitment or release pending hearing for a substance abuser.
AOC-SP-305, Rev. 1/98
1998 Administrative Office of the Courts
Deputy CSC
Clerk Of Superior Court
Assistant CSC
Magistrate
It is ORDERED that a hearing before the district court judge be held to determine whether the respondent will be
involuntarily committed.
Date
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STATE OF NORTH CAROLINA Department of Health and Human Services
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
County___________________ File #__________
EXAMINATION AND RECOMMENDATION TO
Client Record #____________ DETERMINE Film # _________
NECESSITY FOR INVOLUNTARY COMMITMENT
Name of Respondent:
Age
DOB
Sex
Race
M.S.
Address (Street, Box Number, City, State, Zip (use facility address after 1 year in
facility):
County:
Phone:
Legally Responsible Person Next of Kin (Name and Address)
Relationship:
Phone:
Petitioner (Name and address)
Relationship:
Phone
The above-named respondent was examined on ____________, 20___ at ____________ o’clock ____.M. at ______________
__________________________________________________. OR, I examined the respondent via telemedicine technology on _______ 20__ at
________o’clock ___M. Included in the examination was an assessment of the respondent’s: (1) current and previous mental illness or
mental retardation including, if available, previous treatment history; (2) dangerousness to self or others as defined in G.S. 122C-3 (11*); (3)
ability to survive safely without inpatient commitment, including the availability of supervision from family, friends, or others; and (4) capacity to
make an informed decision concerning treatment. (1) current and previous substance abuse including, if available, previous treatment history;
and (2) dangerousness to himself or others as defined in G.S. 122C-3 (11*). The following findings and recommendations are made based on
this examination. For telemedicine evaluations only: I certify to a reasonable degree of medical certainty that the results of the examination
via telemedicine were the same as if I had been personally present with the respondent OR The respondent needs to be taken to a facility for
a face to face evaluation. (*Statutory Definitions are on reverse side)
SECTION I - CRITERIA FOR COMMITMENT
Inpatient. It is my opinion that the respondent is: mentally ill; dangerous to self; dangerous to others
(1
st
Exam Physician or Psychologist) in addition to being mentally ill is also mentally retarded
(2
nd
Exam Physician only) none of the above
Outpatient. It is my opinion that: the respondent is mentally ill
(Physician or Psychologist) the respondent is capable of surviving safely in the community with available supervision
based upon the respondent’s treatment history, the respondent is in need of treatment in order
to prevent further disability or deterioration which would predictably result in dangerousness
as defined by G.S. 122C-3 (11*)
the respondent’s current mental status or the nature of his illness limits or negates his/her
ability to make an informed decision to seek treatment voluntarily or comply with
recommended treatment
none of above
Substance Abuse. It is my opinion that the respondent is: a substance abuser
(1
st
Exam Physician or Psychologist; 2
nd
Exam If 1
st
dangerous to himself or others
exam done by Physician, 2
nd
exam may be done by Qual. Prof.) none of the above
SECTION II DESCRIPTION OF FINDINGS
Clear description of findings (findings for each criterion checked above in Section I must be described):
over
Form No. DMH 5-72-01 EXAMINATION AND RECOMMENDATION FOR INVOLUNTARY COMMITMENT
Revised December 2009
Notable Physical Conditions: Current Medications (medical and psychiatric)
Impression/Diagnosis:
SECTION III - RECOMMENDATION FOR DISPOSITION
Inpatient Commitment for _________ days (respondent must be mentally ill and dangerous to self or others)
Outpatient Commitment (respondent must meet ALL of the first four criteria outlined in Section I, Outpatient)
Proposed Outpatient Treatment Center or Physician: (Name)___________________________________________________
(Address and Phone Number)____________________________________________________________________
____________________________________________________________
LME notified of appointment: (Name of LME and date)__________________________________________________________
Substance Abuse Commitment (respondent must meet both criteria outlined in Section I, Substance Abuse)
Release respondent pending hearing - Referred to:__________________________________________________
Hold respondent at 24-hour facility pending hearing Facility: __________________________________________
Respondent does not meet the criteria for commitment but custody order states that the respondent was charged with a
violent crime, including a crime involving assault with a deadly weapon, and that he was found not guilty by reason of insanity or
incapable of proceeding: therefore, the respondent will not be released until so ordered following the court hearing.
Respondent or Legally Responsible Person Consented to Voluntary Treatment
Release Respondent and Terminate Proceedings
(insufficient findings to indicate that respondent meets commitment criteria)
Respondent was held 7 days from issuance of custody order but continues to meet commitment criteria. A new petition will be filed.
Other
(Specify) ______________________________________________________________________________________
________________________________________
M.D.
Physician Signature
__________________________________________________________
Signature/Title Eligible Psychologist/Qualified Professional
____________________________________________________________
Print Name of Examiner
___________________________________________________________
Address or Facility
____________________________________________________________
City and State
Telephone Number
This is to certify that this is a true and exact copy of the Examination and
Recommendation for Involuntary Commitment
Original Signature Record Custodian
Title
Address or Facility
Date
NOTE: Only copies to be introduced as evidence need to be certified
CC: Clerk of Superior Court where petition was initiated (initial hearing only)
Clerk of Superior Court where 24-hour facility is located or where outpatient treatment is supervised
Respondent or Respondent’s Attorney and State’s Attorneys, when applicable
Proposed Outpatient Treatment Center or Physician (Outpatient Commitment); Area Program / Physician (Substance Abuse Commitment)
NOTE: If it cannot be reasonably anticipated that the clerk will receive the copies within 48 hours of the time that it was signed, the physician
or eligible psychologist/qualified professional shall communicate his findings to the clerk by telephone.
*STATUTORY DEFINITIONS
“Dangerous to self”. Within the relevant past: (a) the individual has acted in such a way as to show: (1) that he would be unable without care,
supervision, and the continued assistance of others not otherwise available, to exercise self-control, judgment, and discretion in the conduct of
his daily responsibilities and social relations or to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and
safety; and (2) that there is a reasonable probability of his suffering serious physical debilitation within the near future unless adequate treatment
is given. A showing of behavior that is grossly irrational, of actions that the individual is unable to control, of behavior that is grossly inappropriate
to the situation, or of other evidence of severely impaired insight and judgment shall create a prima facie inference that the individual is unable
to care for himself; or (b) the individual has attempted suicide or threatened suicide and that there is a reasonable probability of suicide unless
adequate treatment is given; or (c) the individual has mutilated himself or attempted to mutilate himself and that there is a reasonable probability
of serious self-mutilation unless adequate treatment is given. NOTE: Previous episodes of dangerousness to self, when applicable, may be
considered when determining reasonable probability of physical debilitation, suicide, or self-mutilation.
“Dangerous to others”. Within the relevant past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on
another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of
property; and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when
applicable, may be considered when determining reasonable probability of future dangerous conduct.
“Mental illness:. (a) when applied to an adult, an illness which so lessens the capacity of the individual to use self-control, judgment, and
discretion in the conduct of his affairs and social relations as to make it necessary or advisable for him to be under treatment, care, supervision,
guidance or control; and (b) when applied to a minor, a mental condition, other than mental retardation alone, that so lessens or impairs the
youth’s capacity to exercise age adequate self-control and judgment in
the conduct of his activities and social relationships so that he is in need of treatment.
“Substance abuser”. An individual who engages in the pathological use or abuse of alcohol or other drugs in a way or to a degree that
produces an impairment in personal, social, or occupational functioning. Substance abuse may include a pattern of tolerance and withdrawal.
STATE OF NORTH CAROLINA SUPPLEMENT TO EXAMINATION AND RECOMMENDATION
FOR
Department of Health and Human Services INVOLUNTARY COMMITMENT
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
DMH 5-72-01-A SUPPLEMENT TO EXAMINATION AND RECOMMENDATION FOR INVOLUNTARY
COMMITMENT
Revised September 2001 CERTIFICATE TO SUPPORT IMMEDIATE HOSPITALIZATION
SUPPLEMENT TO SUPPORT IMMEDIATE HOSPITALIZATION
(To be used in addition to “Examination and Recommendation for Involuntary Commitment, Form 572-01)
CERTIFICATE
CERTIFICATECERTIFICATE
CERTIFICATE
The Respondent, _____________________________________________
requires immediate hospitalization to prevent harm to self or others because:
I certify that based upon my examination of the Respondent, which is attached hereto,
the Respondent is (check all that apply):
Mentally ill and dangerous to self
Mentally ill and dangerous to others
In addition to being mentally ill, is also mentally retarded
Signature of Physician or Eligible Psychologist
Signature of Physician or Eligible PsychologistSignature of Physician or Eligible Psychologist
Signature of Physician or Eligible Psychologist
Address:
Address:Address:
Address:
City State Zip:
City State Zip:City State Zip:
City State Zip:
Telephone:
Telephone:Telephone:
Telephone:
Date/Time:
Date/Time:Date/Time:
Date/Time:
Name of 24-hour facility:
Name of 24-hour facility:Name of 24-hour facility:
Name of 24-hour facility:
Address of 24-hour facility:
Address of 24-hour facility:Address of 24-hour facility:
Address of 24-hour facility:
NORTH CAROLINA
NORTH CAROLINANORTH CAROLINA
NORTH CAROLINA
_______________________ County
_______________________ County_______________________ County
_______________________ County
Sworn to and subscribed before me this
Sworn to and subscribed before me thisSworn to and subscribed before me this
Sworn to and subscribed before me this
________ day of ___________, 20__
________ day of ___________, 20__________ day of ___________, 20__
________ day of ___________, 20__
(seal)
(seal)(seal)
(seal)
___________________________________
______________________________________________________________________
___________________________________
Notary Public
Notary Public Notary Public
Notary Public
My commission expires:________________
My commission expires:________________My commission expires:________________
My commission expires:________________
TO LAW ENFORCEMENT: See
TO LAW ENFORCEMENT: See TO LAW ENFORCEMENT: See
TO LAW ENFORCEMENT: See back side for Return of Service
back side for Return of Serviceback side for Return of Service
back side for Return of Service
CC: 24-hour facility
Clerk of Court in county of 24-hour facility
Note: If it cannot be reasonably anticipated that
the clerk will receive the copy within 24 hours
(excluding Saturday, Sunday and holidays) of the
time that it was signed, the physician or eligible
psychologist shall also communicate the findings
to the clerk by telephone.
Pursuant to G.S. 122C-262 (d), this certificate shall serve as
the Custody Order and the law enforcement officer or other
person shall provide transportation to a 24-hr. facility in
accordance with G.S. 122C-251.
STATE OF NORTH CAROLINA SUPPLEMENT TO EXAMINATION AND RECOMMENDATION
FOR
Department of Health and Human Services INVOLUNTARY COMMITMENT
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
DMH 5-72-01-A SUPPLEMENT TO EXAMINATION AND RECOMMENDATION FOR INVOLUNTARY
COMMITMENT
Revised September 2001 CERTIFICATE TO SUPPORT IMMEDIATE HOSPITALIZATION
RETURN OF SERVICE
RETURN OF SERVICERETURN OF SERVICE
RETURN OF SERVICE
Respondent WAS NOT taken into custody for the following reason:
Respondent WAS NOT taken into custody for the following reason: Respondent WAS NOT taken into custody for the following reason:
Respondent WAS NOT taken into custody for the following reason:
I certify that this Order was received and served as follows:
I certify that this Order was received and served as follows: I certify that this Order was received and served as follows:
I certify that this Order was received and served as follows:
Date Respondent Taken into Custody Time
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PM
Name of 24-Hour Facility Date Delivered Time Delivered
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Date of
Return
Name of Transporting Agency Signature of Law Enforcement Official
Memorandum to Magistrates
2009 Change to Commitment Law and Magistrate Practice
The shortage of suitable 24-hour facilities for persons in need of mental health
evaluation and treatment has received significant attention in the past year. The purpose of
this memo is to inform magistrates about recent legislation enacted to address one aspect of
this problem, and to caution magistrates to avoid a practice, currently relied upon in some parts
of the State, that is not authorized by law.
New Law
Session Law 2009-340 (House Bill 243), effective October 1, 2009, is a legislative
acknowledgement that many persons who are found mentally ill and dangerous to self or
others at the first commitment examination are not proceeding to the next step in the
commitment process in a timely manner. Statutory law requires that these persons (known as
“respondents”) be taken to a 24-hour psychiatric facility for a second examination and
treatment pending a commitment hearing in district court. This hearing must take place within
10 days from the time the respondent was taken into law enforcement custody at the
beginning of the commitment process. Because the state-operated psychiatric hospitals do not
have sufficient bed space, many respondents are kept waiting in community hospital
emergency rooms for several days. By the time some of these respondents arrive at a state
hospital, the clerk of court does not even have time to calendar a hearing within the 10-day
time frame.
This 10-day hearing requirement is one of North Carolina’s statutory mechanisms for
assuring that a respondent is not deprived of liberty without the due process guaranteed by the
U.S. Constitution. The new law is a response to the concern that delays in transporting
respondents to psychiatric inpatient facilities may deprive some respondents of statutory and
constitutional due process. S.L. 2009-340 amends G.S. 122C-261(d) and -263(d) to provide that,
with respect to respondents who have been found to meet the inpatient commitment criteria,
if a 24-hour facility is not immediately available or medically appropriate seven days after
issuance of the custody order, a physician or psychologist must report this fact to the clerk of
superior court and the proceedings must be terminated. If this happens, a new commitment
proceeding may be initiated by filing a petition for a new custody order, but affidavits filed and
examinations conducted as part of the previous commitment proceeding may not be used to
support a new commitment. Certainly, some of the facts considered by the magistrate in
deciding to issue the first custody order may be relevant when deciding to issue another
custody orderand for this reason a new petition may in some cases contain facts that were
asserted on the previous petitionbut any papers filed and examinations conducted in support
of a new proceeding must be new.
In situations where a respondent is temporarily detained at the site of first examination
because a 24-hour facility is not immediately available or medically appropriate, S.L. 2009-340
also permits a physician or psychologist to terminate the inpatient commitment proceeding and
discharge the respondent (or recommend outpatient commitment), upon finding that the
respondent’s condition has improved to the point that he or she no longer meets the criteria
for inpatient commitment. Any such finding must be documented in writing and reported to the
clerk of superior court.
A Practice to be Avoided
It is not at all surprising that legal and medical professionals confronted with the current
crisis presented by a shortage of available 24-hour facilities craft creative responses in an effort
to improve the way the system responds to citizens in need of help. One practice currently
being employed by some magistrates, however, is inconsistent with the law and presents
significant problems for other participants in the system. This practice consists of holding a
commitment petition and not issuing a custody order until the availability of a particular 24-
hour facility has been confirmed. The result is that the facility performing the first evaluation
must hold a respondent for the periodsometimes days, as discussed abovewithout this
hold being authorized by a custody order. Without a custody order, this hold is not authorized
by the commitment statutes (subject to an exception not relevant to magistrates), raising
serious issues about the due process rights of the respondent as well as questions about the
potential liability of the facility exerting custodial control over the respondent without a
custody order. Accordingly, magistrates should not engage in this modification of the statutory
procedure. When a magistrate receives a petition and makes a determination that reasonable
grounds exist to believe that an individual meets the statutory criteria for commitment, the law
is clear that a magistrate must issue a custody and transportation order. The commitment
statutes do not authorize a magistrate to delay issuance of a custody order pending the receipt
of other information. Nor do the statutes permit a magistrate to make his or her decision
subject to criteria not identified in the commitment statutes.
In the space on the custody order for designating a 24-hour facility, the magistrate
should enter the name of the facility normally used by the jurisdiction, followed by the words
“or any state-approved facility.” This allows the commitment process to proceed without delay
and permits the involuntary detention of the respondent throughout all phases of the
commitment process, including during the time it takes following the first examination to
identify an available 24-hour facility. Moreover, some 24-hour facilities may not agree to
accept an involuntary patient until after a custody order has been issued. The magistrate’s role
in this process is critically important, and it is absolutely essential that magistrates follow the
statutory procedure in carrying out their responsibilities.
If you have questions or concerns about any of the information in this memo, contact
the School of Government faculty member specializing in mental health law, Mark Botts. Mark
can be reached by telephone (919-962-8204) or email (botts@sog.unc.edu).