Mental Illness - Deferred Hearing
Formal Voluntary Admission
- Individual has a right to terminate involuntary commitment
proceedings by signing formal voluntary
admission. (Sec. 406) The hospital is required to offer
formal voluntary admission.
- Court must dismiss any pending proceeding unless it finds
that dismissal would not be in the best interest of the
individual or the public.
- Individual who is hospitalized pending the Court hearing
shall within 72 hours excluding Sundays and holiday, meet
- Legal counsel
- Treatment team member assigned by the hospital
- Person assigned by the appropriate Community Mental
Health board director
- Person designated by the subject of the petition, if
- Individual must be informed of all the following:
- Proposed treatment plan in hospital.
- The nature and possible consequences of commitment
- The proposed plan of treatment in the community;
either an alternative to hospitalization or a
combination of hospitalization and alternative treatment
with hospitalization not to exceed 60 days. (There may
be no such plan if the condition of the patient only
- Individual may defer hearing for period of 60 days if the
individual chooses to remain hospitalized for 90 days if the
individual chooses alternative treatment or a combination of
hospitalization and alternative treatment.
- Individual may demand hearing during deferral period.
- Individual must agree to accept proposed treatment during
- Original petition and certificates remain valid during
- If individual refuses proposed treatment at any time
during deferral period, a hearing is held.
- A hearing shall be convened under Sec. 452 if not earlier
than 14 days nor later than 7 days before the expiration of
the deferred period, if an appropriate party notifies the
Court that the individual continues to need treatment. The
individual must be given opportunity to accept treatment on
a voluntary basis if suitable for voluntary treatment.