Transcript Outpatient Services Programs Workgroup: Select Outpatient Civil Commitment Criteria May 29, 2014 Outpatient Civil Commitment Criteria • Criteria for outpatient commitment tends to vary by jurisdiction.

Outpatient Services Programs
Workgroup:
Select Outpatient Civil Commitment
Criteria
May 29, 2014
Outpatient Civil Commitment
Criteria
• Criteria for outpatient commitment tends to vary by
jurisdiction. Generally, an individual must have a mental
illness; capability to survive safely in the community with
supports; based on their psychiatric history, is in need of
treatment to prevent further deterioration; and an inability or
unwillingness to participate in treatment voluntarily.
• In comparison, inpatient commitment usually involves
danger to self or others, gravely disabled, or in need of
protection or treatment for health and safety because of a
mental disorder. Some states use the same criteria for both
inpatient and outpatient commitment.
Select Outpatient Civil
Commitment Criteria
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Arizona
California
Maine
New York
North Carolina
Arizona
• The individual, as a result of mental disorder, is a danger to
self, is a danger to others, is persistently or acutely disabled or
is gravely disabled and in need of treatment, and is either
unwilling or unable to accept the voluntary treatment.
• The same standard is used for both inpatient and/or
outpatient treatment.
• The court determines the least restrictive setting if treatment
is ordered (inpatient, outpatient, or a combination of both).
California
• 18 years of age or older;
• Has a mental illness;
• Is unlikely to survive safely in the community without supervision,
based on a clinical determination;
• Has a history of lack of compliance with treatment and at least one of
the following is true:
– The individual has been hospitalized, or received services in other
specified settings (a mental health unit of a state or local correctional
facility) at least twice in the past 36 months; or
– The individual has harmed, threated , or attempted to, harm to
themselves or another individual in the past 48 months;
California
• Has been offered an opportunity to participate in a treatment plan
fails to engage in treatment;
• The person’s condition is substantially deteriorating;
• The outpatient civil commitment program would be the least
restrictive placement;
• In view of the person’s treatment history and current behavior, the
person is in need of outpatient civil commitment treatment in order
to prevent a relapse or deterioration that would be likely to result in
grave disability or serious harm to himself/herself or others; and
• Is likely that the person will benefit from outpatient civil
commitment treatment.
Maine
• Has a severe and persistent mental illness;
• The individual poses a likelihood of serious harm;
• The individual has the benefit of a suitable individualized treatment
plan;
• Licensed and qualified community providers are available to
support the treatment plan;
• The individual is unlikely to follow the treatment plan voluntarily;
• Court-ordered compliance will help to protect the individual from
interruptions in treatment, relapses or deterioration of mental
health; and
• Compliance will enable the individual to survive more safely in a
community setting without posing a likelihood of serious harm.
New York
• 18 years of age or older;
• Has a mental illness;
• Is unlikely to survive safely in the community without
supervision, based on a clinical determination;
• Has a history of lack of compliance with treatment for mental
illness that has:
– The individual has been hospitalized, or received services in
other specified settings (a mental health unit of a state or local
correctional facility) at least twice in the past 36 months;
– The individual has harmed, threated , or attempted to, harm
to themselves or another individual in the past 48 months;
New York
• Is, as a result of his or her mental illness, unlikely to
voluntarily participate in outpatient treatment that would
enable him or her to survive safely in the community;
• In view of his/her treatment history and current behavior, is
in need of outpatient civil commitment treatment in order to
prevent a relapse or deterioration which would likely to result
in serious harm to the person or others; and
• Is likely to benefit from outpatient civil commitment
treatment.
North Carolina
• Has a mental illness;
• Is capable of surviving safely in the community with available
supervision from family, friends, or others;
• Based on their treatment history, the individual is in need of
treatment in order to prevent further disability or
deterioration that would predictably result in dangerousness
to self or others; and
• The individual’s current mental status or the nature of his
illness limits or negates his ability to make an informed
decision to seek voluntarily or comply with recommended
treatment.
Sources
• Arizona Rev. Statute . § 36-540,
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/36/00540.htm&
Title=36&DocType=AR
• California Welfare and Institutions Code 5345,
http://www.leginfo.ca.gov/cgibin/displaycode?section=wic&group=05001-06000&file=5345-5349.5
• Maine Rev. Statute §3873-A
http://www.mainelegislature.org/legis/statutes/34-b/title34-Bsec3873A.html
• New York Mental Hygiene - Article 9 - § 9.60 Assisted Outpatient
Treatment, http://law.onecle.com/new-york/mentalhygiene/MHY09.60_9.60.html
• North Carolina Gen Stat § 122C-271, http://law.justia.com/codes/northcarolina/2010/chapter122c/article5/section122c-271