What We Do – Civil Commitment

Understanding Civil Commitment

Civil commitment is a legal process where a judge determines whether an individual who is alleged to have a mental illness should be required to undergo mental health treatment. This decision is made with the aim of protecting the person’s well-being and ensuring their safety, as well as the safety of others.

What Happens When a Civil Commitment Petition is Filed?

When a civil commitment petition is submitted, an investigator from the Community Mental Health Program (CMHP) is assigned to assess the situation. Based on the investigator’s findings, the following outcomes are possible:

  • Dismissal: The case may be dismissed without a formal hearing.
  • Diversion: The person may be referred to a diversion program.
  • Hearing: A civil commitment hearing may be scheduled to determine if commitment is necessary.

What Happens at a Civil Commitment Hearing?

If a hearing takes place, the individual will have legal representation, and witnesses may
testify on their behalf. After reviewing the evidence and testimony, the judge will decide whether or not the individual should be committed for treatment.

When Can a Person Be Committed?

A person may be committed if the judge determines, by clear and convincing evidence, that the individual has a mental disorder and meets one of the following criteria:

1. Danger to Self or Others: The person poses a risk of harm to themselves or others
due to their mental illness.

2. Inability to Care for Basic Needs: The person is unable to meet essential personal
needs, such as health care or safety.
Additionally, a person may be committed if they:

  • Have a major mental illness, such as schizophrenia or bipolar disorder (manic-
    depression), and
  • Have been hospitalized twice in the last three years due to their illness or show
    symptoms that suggest a similar decline is likely to occur without treatment.
  • Without intervention, there is a reasonable probability they will continue to deteriorate
    and become a danger to themselves or others, or unable to meet basic needs.

What Happens If a Person is Committed?

If a person is committed, they may be required to receive treatment, which could include hospitalization or other forms of care. The goal of commitment is to ensure the individual’s safety, promote their well-being, and provide necessary treatment to address their mental health needs.

The Civil Commitment process can be complex and challenging to navigate. With years of experience as an Assistant Attorney General for the State of Oregon and in private practice, David Pebworth is well-equipped to guide you through every stage of this process. If you have questions or would like to discuss a potential petition, please don’t hesitate to contact us. We are here to provide expert support and ensure you are informed every step of the way.