The McLeods want their adult son, Brewster, to be involuntarily treated in a mental facility. Describe the criteria and procedures for civil commitment that they face. What legal protections exist against the abuse of Brewster's rights?

Question

What will be an ideal response?

Answer 1

The McLeods are trying to have their son involuntarily confined for treatment. This is called civil commitment. Although states vary in the criteria they use to commit individuals, there are general standards. In addition to being mentally ill, Brewster must be found to be (a) presenting an imminent danger to himself or others (suicide or homicide), (b) unable to provide for himself sufficient food, clothing, and shelter to live without danger, (c) unable to make responsible decisions about treatment so that severe deterioration is likely, or (d) in such an unmanageable state of panic that he will lose all control. It is important to note that all of these criteria involve judgments and, in many cases, predictions must be made about future behavior including dangerousness to self and others.

The law recognizes that involuntary hospitalization means depriving a person of his or her liberty despite the fact that no crime has been committed. The person's due process rights are protected in several ways. First, commitment can occur only through a court when the judge believes there is reasonable cause for such action. In Brewster's case, the judge would appoint two mental health professionals with no connection to each other so that Brewster could be evaluated with as little bias as possible. After Brewster was examined twice, a formal hearing would be held before the judge, at which point testimony would be given. Brewster would have a lawyer to represent him and would be allowed to speak for himself. If the judge determined that Brewster needed treatment, he or she would have to be 75 percent sure that Brewster was mentally ill and dangerous, according to the Addington v. Texas decision. Addington noted that while this was lower than the 90 percent certainty of "beyond a reasonable doubt" used in criminal cases, it was a higher standard of proof than that advocated by most mental health organizations. Further, the judge would either specify the time Brewster would be in treatment (usually less than one year) or declare that there be periodic review and assessment of his need to be in treatment.