- When not the subject of a pending commitment action, what are the
prerequisites for an individual to receive voluntarily treatment?
62A-12-228(1) - any individual who is mentally ill
or has symptoms of mental illness and who, being 18 years of age or older, who applies for
voluntary admission
- Conditions necessary for emergency treatment.
62A-12-232(1) - likely to cause serious injury to
himself or others if not immediately restrained
62A-12-232(2) – substantial likelihood of
serious harm to the person or others
- Is mental illness/disorder defined?
62A-12-202 (8) - "Mental illness" means a
psychiatric disorder as defined by the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association which
substantially impairs a person's mental, emotional, behavioral, or related functioning.
- Maximum duration of emergency treatment before a judicial hearing
must be held.
62A-12-232(3) – person held maximum of 24
hours excluding Saturday, Sunday and legal holidays, then application/or order of
detention; 62A-12-234(8)(a) within 24 hours of issuing order, court
appoints examinees (b) hearing shall be set within 10 court days of the appointment of
examinees.
- Can a potential committee avoid a hearing determination by opting
to voluntarily undergo treatment and, if so, what is the minimum time he or she must then
spend in treatment?
62A-12-230(2) – release may be postponed for
up to 48 hours, excluding weekends or holidays provided that the process for commitment
proceedings are initiated
- Are there any requirements that a potential committee be capable
of deciding to voluntarily undergo treatment?
No
- Who may petition for an individual to receive assisted inpatient
care?
62A-12-234(1) responsible person who has reason to
know of condition or circumstances of the patient which lead to belief that individual is
mentally ill and should be involuntarily committed.
- Required elements of a petition.
62A-12-234(1) – application accompanied by (a)
certificate of physician or designated examiner or (b) written statement by applicant
sworn under oath that patient refused examination and facts upon which application is
based.
- Is there a penalty for filing an unfounded petition?
62A-12-222 - person who attempts to place another
person in the custody of a local mental health authority contrary to the provisions of
this part is guilty of a class B misdemeanor, in addition to liability in an action for
damages, or subject to other criminal charges.
- Participation of other individuals in commitment hearing.
62A-12-234 (5) - notice shall be provided to
applicant, legal guardian, immediate adult family members, legal counsel for the parties
involved, and any other persons designated by proposed patient or the court
62A-12-234 (9) (b) - proposed patient, applicant,
and all other persons to whom notice is required to be given shall have opportunity to
appear at the hearing, to testify, and to present and cross-examine witnesses. Court may,
in its discretion, receive the testimony of any other person.
62A-12-238 – notice of commitment to legal
guardian, spouse or next of kin if not initiated by them
- Length of initial term of assisted inpatient care.
62A-12-234(11)(a) – not to exceed 6 months
without benefit of a review hearing
- Conditions necessary for judicially ordered inpatient care
62A-12-234(10)
- the proposed patient has a mental illness;
- because of the proposed patient’s mental illness he poses an
immediate danger of physical injury to others or himself, which may include the inability
to provide the basic necessities of life such as food, clothing, and shelter, if allowed
to remain at liberty;
- the patient lacks the ability to engage in a rational decision-making
process regarding the acceptance of mental treatment as demonstrated by evidence of
inability to weigh the possible costs and benefits of treatment;
- there is no appropriate less-restrictive alternative to a court order
of commitment; and
- the local mental health authority can provide the individual with
treatment that is adequate and appropriate to his conditions and needs.
Standard for continued commitment:
62A-12-235(1) – will suffer severe and abnormal mental and emotional
distress as indicated by recent past history and will experience deterioration in his
ability to function in the least restrictive environment, thereby making him a substantial
danger to self or others
- Evidentiary standard under which inpatient care criteria are
judged.
62A-12-234(10) – clear and convincing evidence
- Is there a least restrictive treatment requirement?
Yes, 62A-12-234(10)(d) – there is no
appropriate less-restrictive alternative treatment to a court order of commitment
62A-12-235(a) – least restrictive alternative
available which can provide treatment that is adequate and appropriate
- Is there a confidentiality exception for family members of
committees and/or individuals undergoing emergency evaluations?
No. See 62A-12-247
- Are advance directives or durable powers of attorney addressed
and, if so, in what way?
Yes. See 62A-12-502 - Declaration for Mental Health
Treatment
- Is there a separate proceeding necessary to abrogate a
committee’s right to refuse treatment?
See Jurasek v. Utah State
Hospital, 158 F.3rd 506 (10th Cir. 1998)
- Does the treating hospital and/or physician have discretion to
release individuals before the end of their assisted inpatient care periods?
62A-12-229 – local mental health authority or
its designee shall release a person who has recovered or no longer meets commitment
criteria (62A-12-234).
62A-12-240 - local mental health authority or its
designee shall, as frequently as practicable, examine or cause to be examined every person
who has been committed to it and shall discharge a patient is the conditions justifying
involuntary commitment no longer exist
- Individual(s) who may decide to initiate new periods of assisted
treatment.
62A-12-234 (11)(b) local mental health authority or
its designee and the court
- Type of forum that decides on need for extended treatment
(normally either judicial or administrative).
62A-12-234(b) – initial review – court;
(c) subsequent reviews only if patient requests a hearing
- Participation of other individuals in the extension hearing.
62A-12-234 (9) (b) - proposed patient, applicant,
and all other persons to whom notice is required to be given shall have opportunity to
appear at the hearing, to testify, and to present and cross-examine witnesses. Court may,
in its discretion, receive the testimony of any other person.
- Maximum length of subsequent mandated inpatient care (and of any
possible subsequent periods).
62A-12-234(11)(a) and (c)– indeterminate
period with reviews every six months.
- Alternative to assisted inpatient treatment.
62A-12-241 (1) - local mental health authority or
its designee may release an improved patient to less restrictive treatment when agreed to
in writing by the patient.
62A-12-241 (5) a local mental health authority or
its designee may place a patient in an environment that is less restrictive than that
ordered by the court
- Maximum duration of alternative to mandated inpatient care.
62A-12-241 (4) - the order (for placement in a less
restrictive) shall designate the period for which the individual shall be treated, in no
event to extend beyond expiration of the original order of commitment.
- Procedure necessary to transfer patient from outpatient to
inpatient care.
62A-12-241 (2) (a) - local mental health authority
or its designee is authorized to issue an order for the immediate placement into a more
restrictive environment, if reason to believe that the less restrictive environment in
which the patient has been placed is aggravating the patient's mental illness as defined
in Subsection 62A-12-234 (10), or that the patient has failed to comply with the specified
treatment plan to which he had agreed in writing.
(b) order shall include the reasons and shall authorize any peace
officer to take the patient into physical custody and transport him to a facility
designated by the division.
(c) if the patient has been in the less restrictive environment for
more than 30 days and is aggrieved by the change to a more restrictive environment, the
patient or his representative may request a hearing within 30 days of the change.
62A-12-241 (3) The court shall find that either:
(a) the less restrictive environment in which the patient has been placed is aggravating
the patient's dangerousness or mental illness as defined in Subsection 62A-12-234 (10), or
the patient has failed to comply with a specified treatment plan to which he had agreed in
writing
- Procedure necessary to institute and maximum duration of
subsequent periods of alternative(s) to inpatient assisted treatment.
Not specified.
- Other:
Utah
SB 200
Introduced 01/29/00
(Note: SB200 passed in the Senate on 02/22/00, but was not brought up for a vote in the
House because the fiscal note tied to the bill to fund additional services did not make
the Legislature’s priority funding list.)
- Removes "imminent" danger requirement, replaces
with "substantial" danger
- Amends danger to self to include "currently relevant historical
pattern indicating that without treatment…will suffer severe and abnormal mental or
emotional distress, and will experience deterioration of his ability to
function…"
