CRM/LAW C100 Chapter Notes - Chapter 4: Parens Patriae, Involuntary Commitment, Deinstitutionalisation
Chapter 4: Civil Commitment
I. What is a Civil Commitment? (Involuntary)
A. State intervenes civilly and treats without one’s consent, individuals with mental
illness who require care bc of self harming or danger to others
B. Occurs in inpatient setting
II. Similarities and Differences Btwn Civil & Criminal Commitment
A. Both allow institutionalization of individual
B. Civil commitment is based on civil law and criminal commitment on criminal law
C. Criminal law is based on protecting the public first and to punish whereas civil
law is grounded in state power “parens patriae”. Thus, focusing on the individuals
and their needs, to care for them
D. Purpose of civil commitment is to treat
III. Inpatient Civil Commitment
A. History of Inpatient Civil Commitment
1. Prior to 60’s anyone could be admitted to psychiatric hospital because of
words by a family member or judge
2. Deinstitutionalization, PWMI released into communities without treatment
believing that they would receive care from community care centers
B. Civil Commitment Reforms
1. Post Reform Involuntary Commitment Criteria
a) Mental illness
b) Dangerousness to self or others
c) Grave disability
d) Need for and/or incompetency to consent to treatment
e) Least restrictive alternative
C. Post-Reform Civil Commitment Procedures
1. Almost all states include a pre screening/pre evaluation
a) Gather information, interview the person and from other involved
individuals to present to the judge at hearing
D. Post- Reform Due Process
1. Give right to notice, to hearing, to counsel, to cross examination
2. These rights made involuntary commitment more difficult
E. Effects of the Civil Commitment Reform
1. Declines in involuntary commitment
2. Tend to be young males and older females
3. Involuntary patients more likely to have an arrest history or be arrested
after discharge
IV. The Controversy Surrounding Inpatient Civil Commitment
A. Inpatient Civil Commitment is Coercive