How to Seek Involuntary Treatment for a Family Member with Mental Illness

Family members have mental health issues and are unwilling to seek treatment?

My mother has a mental illness and was previously sent for involuntary treatment by family members, but she did not stay for long and returned home.
Now she has violent tendencies that threaten the safety of the family.
How can I apply for involuntary treatment? Thank you.

JOE, 20~29 year old female. Ask Date: 2010/12/06

Dr. Ding Shuyan reply Psychiatry

Hello, you can first contact the local health center near your home and ask for assistance from their public health nurse to arrange for medical transportation.
They usually coordinate with the fire department's ambulance to take you to the hospital.
Once there, the physician will assess whether hospitalization is necessary.
There are two scenarios: 1.
If your mother voluntarily signs the admission consent form, the hospitalization process will proceed smoothly.
2.
If your mother refuses to sign the admission consent form, the physician will evaluate whether the conditions for involuntary hospitalization under mental health regulations are met, in which case involuntary hospitalization will be initiated.
Involuntary hospitalization is assessed and initiated by the physician; family members can only explain the condition and express their hope for the physician's assistance.
Therefore, family members do not have the authority to actively request involuntary hospitalization.
Wishing you all the best, Dr.
Ding Shuo-Yan.

Reply Date: 2010/12/06

More Info

Seeking involuntary treatment for a family member with mental illness can be a challenging and emotionally taxing process, especially when the individual poses a risk to themselves or others. In the United States, the laws and procedures for involuntary treatment vary by state, but there are some general steps you can take to navigate this situation.

Understanding Involuntary Treatment
Involuntary treatment typically refers to the process by which a person with a mental illness can be treated without their consent, usually because they are deemed a danger to themselves or others. This is often referred to as "civil commitment." The criteria for involuntary treatment usually include:
1. Danger to Self or Others: The individual must pose a significant risk of harm to themselves or others.

2. Inability to Care for Oneself: The individual may be unable to provide for their basic needs due to their mental illness.

3. Mental Illness Diagnosis: A qualified mental health professional must diagnose the individual with a mental illness.

Steps to Seek Involuntary Treatment
1. Document Behavior: Keep a detailed record of the concerning behaviors exhibited by your family member. This includes instances of violence, threats, or any other actions that demonstrate their unstable mental state. Documentation can be crucial in demonstrating the need for intervention.

2. Consult a Mental Health Professional: Before pursuing involuntary treatment, consult with a mental health professional. They can provide an assessment of your family member's condition and may recommend treatment options. This professional can also guide you on the appropriate steps to take based on your specific situation.

3. Contact Local Authorities: If your family member poses an immediate threat, you may need to contact local law enforcement or emergency services. In many cases, police officers are trained to handle mental health crises and can facilitate an emergency evaluation.

4. File for Involuntary Commitment: If the situation warrants it, you can file a petition for involuntary commitment. This process typically involves:
- Filing a Petition: You will need to file a petition with the court, which may require you to provide evidence of your family member's behavior and mental health status.

- Hearing: A court hearing will be scheduled where you can present your case. The family member in question will also have the opportunity to defend themselves, often with the assistance of a legal representative.

- Evaluation by Professionals: The court may order a psychiatric evaluation to determine the individual's mental state and the necessity of involuntary treatment.

5. Explore Treatment Options: If the court approves the petition, the individual may be committed to a mental health facility for treatment. It’s important to understand the treatment options available, including inpatient care, outpatient programs, and therapy.

6. Follow Up: After the individual is committed, it’s essential to stay involved in their treatment process. This may include attending family therapy sessions, participating in support groups, and maintaining communication with mental health professionals.

Considerations and Support
- Legal Advice: It may be beneficial to seek legal advice to understand your rights and responsibilities throughout this process. An attorney specializing in mental health law can provide guidance tailored to your situation.

- Support for Yourself: Dealing with a family member's mental illness can be overwhelming. Consider seeking support for yourself through counseling or support groups for families of individuals with mental illness.

- Crisis Resources: Familiarize yourself with local crisis resources, such as hotlines or mental health services, that can provide immediate assistance if the situation escalates.

Conclusion
Navigating the process of seeking involuntary treatment for a family member with mental illness is complex and often fraught with emotional challenges. It is crucial to approach the situation with care, ensuring that you have the necessary support and resources. By documenting behaviors, consulting professionals, and understanding the legal framework, you can take steps to protect your family and help your loved one receive the treatment they need.

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