Mississippi Mental Illness Laws

(c) "Director" means the chief administrative officer of a treatment facility or other employee designated by him as his deputy.

(d) "Interested person" means an adult, including but not limited to, a public official, and the legal guardian, spouse, parent, legal counsel, adult, child next of kin, or other person designated by a proposed patient.

(e) "Mentally ill person" means any person who has a substantial psychiatric disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or to reason or understand, which (i) is manifested by instances of grossly disturbed behavior or faulty perceptions; and (ii) poses a substantial likelihood of physical harm to himself or others as demonstrated by (A) a recent attempt or threat to physically harm himself or others, or (B) a failure to provide necessary food, clothing, shelter or medical care for himself, as a result of the impairment. "Mentally ill person" includes a person who, based on treatment history and other applicable psychiatric indicia, is in need of treatment in order to prevent further disability or deterioration which would predictably result in dangerousness to himself or others when his current mental illness limits or negates his ability to make an informed decision to seek or comply with recommended treatment. "Mentally ill person" does not include a person having only one or more of the following conditions: (1) epilepsy, (2) mental retardation, (3) brief periods of intoxication caused by alcohol or drugs, (4) dependence upon or addiction to any alcohol or drugs, or (5) senile dementia.

General Resources / Legal Resources / Medical Resources / Briefing Papers / State Activity
Hospital Closures / Preventable Tragedies / Press Room / Search Our Site / Home

MISSISSIPPI STATUTES

Last updated November 2003

Chapter 21 – Mentally Ill and Mentally Retarded Persons

		§ 41-21-35. Settlement of lunatics and insane persons.

		The rule as to the legal settlement of paupers shall apply in cases of lunatics and insane persons.

		§ 41-21-43. Temporary care and maintenance of feeble-minded poor person.

		Boards of supervisors, in their respective counties, shall temporarily provide for the maintenance of any person alleged to be feeble-minded as defined in Section 41-19-101, when such person has no means of paying such expense, pending an investigation into the mental status of such alleged feeble-minded poor person before the chancery court of such county. No feeble-minded female shall be maintained at the county poor farm. All care of such feeble-minded females must secure their protection and segregation. It shall be the first duty of boards of supervisors in extending care and protection to feeble-minded persons, to prevent the propagation of the feeble-minded.


		§ 41-21-45. Unlawful to cohabit with feeble-minded.

		It shall be unlawful for any person to cohabit with or attempt sexual intercourse with a female who is feeble-minded, as defined in Section 41-19-101, after adjudication of such feeble-mindedness.

		Anyone convicted of either of these crimes, shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars, or an imprisonment of not less than one year in the penitentiary, or by both such fine and imprisonment.


		PERSONS IN NEED OF MENTAL TREATMENT

		§ 41-21-61. Definitions.

		As used in Sections 41-21-61 through 41-21-10, unless the context otherwise requires, the following terms defined have the meanings ascribed to them:

		(a) "Chancellor" means a chancellor or a special master in chancery.

		(b) "Clerk" means the clerk of the chancery court.

		(f) "Mentally retarded person" means any person (i) who has been diagnosed as having substantial limitations in present functioning, manifested before age eighteen (18), characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two or more of the following applicable adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work, and (ii) whose recent conduct is a result of mental retardation and poses a substantial likelihood of physical harm to himself or others in that there has been (A) a recent attempt or threat to physically harm himself or others, or (B) a failure and inability to provide necessary food, clothing, shelter, safety, or medical care for himself.

		(g) "Physician" means any person licensed by the State of Mississippi to practice medicine in any of its branches.

		(h) "Psychologist" when used in Sections 41-21-61 through 41-21-107, means a licensed psychologist who has been certified by the State Board of Psychological Examiners as qualified to perform examinations for the purpose of civil commitment.

(i) "Treatment facility" means a hospital, community mental health center, or other institution qualified to provide care and treatment for mentally ill, mentally retarded, or chemically dependent persons.


		(2) The chancery court, or the chancellor in vacation shall have jurisdiction under Sections 41-21-61 through 41-21-107 except over persons with unresolved criminal charges pending.

(3) The circuit court shall have jurisdiction under Sections 99-13-7, 99-13-9 and 99-13-11.


		§ 41-21-65. Affidavit for commitment.

		If any person shall be alleged to be in need of treatment, any relative of such person, or any interested person, may make affidavit of such fact and shall file such affidavit with the clerk of the chancery court of the county in which the person alleged to be in need of treatment resides or of the county in which such person is found, posting with the clerk a reasonable sum for court costs in the premises if financially able. Such affidavit shall be filed in duplicate. The affidavit shall set forth the name and address of the proposed patient's nearest relatives, if known, and the reasons for the affidavit. The affidavit must contain factual descriptions of the proposed patient's recent behavior, including a description of the behavior, where it occurred, and over what period of time it occurred. Each factual allegation must be supported by observations of witnesses named in the affidavit. Affidavits shall be stated in behavioral terms and shall not contain judgmental or conclusory statements.

		§ 41-21-67. Person to be taken into custody; appointment of examining physicians; appointment of attorney; emergency patient status.

		(1) Whenever such affidavit as is provided for in Section 41-21-65 shall be filed with the chancery clerk, the clerk, upon direction of the chancellor of the court, shall issue a writ directed to the sheriff of the proper county to take into his custody the person alleged to be in need of treatment and to bring such person before the clerk or chancellor, who shall order pre-evaluation screening and treatment by the appropriate community mental health center established pursuant to Section 41-19-31 and for examination as set forth in Section 41-21-69. However, when such affidavit fails to set forth factual allegations and witnesses sufficient to support the need for treatment, the chancellor shall refuse to direct issuance of the writ. Reapplication may be made to the chancellor. If a pauper's affidavit is filed by a guardian for commitment of the ward of the guardian, the court shall determine if the ward is a pauper and if such ward is determined to be a pauper, the county of the residence of the respondent shall bear the costs of commitment, unless funds for such purposes are made available by the state.

		(2) Upon issuance of the writ the chancellor shall forthwith appoint and summon two (2) reputable, licensed physicians or one (1) such physician and a psychologist to conduct a physical and mental examination of such person at a place to be designated by said clerk or chancellor and to report their findings to said clerk or chancellor. In all counties wherein there is a county health officer, such county health officer, if available, may be one (1) of the physicians so appointed. Neither of the physicians or any psychologist selected shall be related to such person in any way, nor have any direct or indirect interest in the estate of such person nor shall any full-time staff of residential treatment facilities operated directly by the Department of Mental Health serve as examiner.

		(3) The clerk shall ascertain whether the respondent is represented by an attorney, and if it is determined that respondent does not have an attorney the clerk shall immediately notify the chancellor of such fact, and if the chancellor determines that respondent for any reason does not have the services of an attorney, the chancellor shall forthwith appoint an attorney for the respondent at the time the examiners are appointed.

		(4) If the chancellor determines that there is probable cause to believe that the respondent is mentally ill and that there is no reasonable alternative to detention, the chancellor may order that the respondent be retained as an emergency patient at any available regional mental health facility or any other available suitable location as the court may so designate pending an admission hearing and may, if necessary, order a peace officer or other person to transport the respondent to such mental health facility or suitable location. Any respondent so retained may be given such treatment by a licensed physician as is indicated by standard medical practice. However, the respondent shall not be held in a hospital operated directly by the Department of Mental Health; and shall not be held in jail unless the court finds that there is no reasonable alternative.

		(5) Whenever a licensed physician or psychologist certified to complete examinations for the purpose of commitment has reason to believe that a person poses an immediate substantial likelihood of physical harm to himself or others or is gravely disabled and unable to care for himself by virtue of mental illness, as defined in Section 41-21-61(e), then the physician or psychologist may hold the person or the physician may admit the person to and treat the person in a licensed medical facility, without a civil order or warrant for a period not to exceed seventy-two (72) hours or the end of the next business day of the chancery clerk's office. Such person may be held and treated as an emergency patient at any licensed medical facility, available regional mental health facility, or crisis intervention center. The physician or psychologist who holds the person shall certify in writing the reasons for the need for holding. Any respondent so held may be given such treatment by a licensed physician as indicated by standard medical practice. Persons acting in good faith in connection with the detention of a person believed to be mentally ill shall incur no liability, civil or criminal, for such acts.

		§ 41-21-69. Examination by physicians; presence of attorney.

		(1) (a) The physicians and any psychologist so appointed shall forthwith make a full inquiry into the condition of the person alleged to be in need of treatment and shall make a mental examination and physical evaluation of such person, and shall make a report and certificate of their findings of all mental and acute physical problems to the clerk of said court, which report and such certificate shall set forth the facts as found by the physicians and any psychologist; such certificate and report shall state whether or not they are of the opinion that the proposed patient is suffering a disability defined in Sections 41-21-61 through 41-21-107 and should be committed to a treatment facility. The statement shall include the reasons for such opinion. The examination may be based upon a history provided by the patient and the report and certificate of findings shall include an identification of all mental and physical problems identified by the examination.

		(b) If the physicians and any psychologist so appointed find: (i) the respondent is mentally ill; (ii) the respondent is capable of surviving safely in the community with available supervision from family, friends or others; (iii) based on the respondent's treatment history and other applicable medical or psychiatric indicia, the respondent is in need of treatment in order to prevent further disability or deterioration which would result in significant deterioration in the ability to carry out activities of daily living; and (iv) his or her current mental status or the nature of his or her illness limits or negates his or her ability to make an informed decision to seek voluntarily or comply with recommended treatment; the physicians and any psychologist so appointed shall so show on the examination report and certification and shall recommend outpatient commitment. The examining physicians and any eligible psychologist shall also show the name, address and telephone number at the proposed outpatient treatment physician or facility.

		(2) Such examination shall be conducted and concluded within twenty-four (24) hours after the order for examination and appointment of attorney, and the certificate of the physicians and any psychologist shall be filed with the clerk of the court within said time, unless the running of said period extends into nonbusiness hours, in which event the certificate shall be filed at the commencement of the next business day. Provided, however, that should the examining physicians and any psychologist be of the opinion that additional time to complete the examination is necessary, and this fact is communicated to the chancery clerk or chancellor, the clerk or chancellor shall have authority to extend the time for completion of the examination and the filing of the certificates, such extension to be not more than eight (8) hours.

(3) At the beginning of the examination, the respondent shall be told in plain language of the purpose of the examination, the possible consequences of the examination, of his right to refuse to answer any questions, and his right to have his attorney present.

		(2) The respondent must be present at said hearing unless the chancellor determines that the respondent is unable to attend and makes that determination and the reasons therefor part of the record. At the time of the hearing the respondent shall not be so under the influence or suffering from the effects of drugs, medication or other treatment so as to be hampered in participating in the proceedings. The court, at the time of the hearing, shall be presented a record of all drugs, medication or other treatment which the respondent has received pending the hearing, unless the court determines that such a record would be impractical and documents the reasons for that determination.

		(3) The respondent shall have the right to offer evidence, to be confronted with the witnesses against him and to cross-examine them and shall have the privilege against self-incrimination. The rules of evidence applicable in other judicial proceedings in this state shall be followed.

		(4) If the court finds by clear and convincing evidence that the proposed patient is a mentally ill or mentally retarded person and, if after careful consideration of reasonable alternative dispositions, including, but not limited to, dismissal of the proceedings, the court finds that there is no suitable alternative to judicial commitment, the court shall commit the patient for treatment in the least restrictive treatment facility which can meet the patient's treatment needs.

		Alternatives to commitment to inpatient care may include, but shall not be limited to: voluntary or court-ordered outpatient commitment for treatment with specific reference to a treatment regimen, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative or the provision of home health services.

		For persons committed as mentally ill or mentally retarded, the initial commitment shall not exceed three (3) months.

		(5) No person shall be committed to a treatment facility whose primary problems are the physical disabilities associated with old age or birth defects of infancy.

		(6) The court shall state the findings of fact and conclusions of law which constitute the basis for the order of commitment. The findings shall include a listing of less restrictive alternatives considered by the court and the reasons that each was found not suitable.

		(7) A stenographic transcription shall be recorded by a stenographer or electronic recording device and retained by the court.

		(8) Notwithstanding any other provision of law to the contrary, neither the Board of Mental Health or its members, nor the Department of Mental Health or its related facilities, nor any employee of the Department of Mental Health or its related facilities, unless related to the respondent by blood or marriage, shall be assigned or adjudicated custody, guardianship, or conservatorship of the respondent.


		§ 41-21-74. Requirements for outpatient commitments.

		(1) If the commitment order directs outpatient treatment, the outpatient treatment physician may prescribe or administer to the respondent treatment consistent with accepted medical standards.

		(2) If the respondent fails or clearly refuses to comply with outpatient treatment, the director of the treatment facility, his designee or an interested person shall make all reasonable efforts to solicit the respondent's compliance. These efforts shall be documented and, if the respondent fails or clearly refuses to comply with outpatient treatment after such efforts are made, such efforts shall be documented with the court by affidavit. Upon the filing of the affidavit, the sheriff of the proper county is authorized to take the respondent into his custody.

		(3) The respondent may be returned to the treatment facility as soon thereafter as facilities are available. The respondent may request a hearing within ten (10) days of his return to the treatment facility. Such hearing shall be held pursuant to the requirements set forth in Section 41-21-81.

		(4) The chancery court of the county where the public facility is located or the committing court shall have jurisdiction over matters concerning outpatient commitments when such an order is sought subsequent to an inpatient course of treatment pursuant to Sections 41-21-61 through 41-21-107, 43-21-611, 99-13-7 and 99-13-9. An outpatient shall not have or be charged for a recommitment process within a period of twelve (12) months of the initial outpatient order.

		§ 41-21-75. Repealed.

		§ 41-21-76. Waiver of rights by respondent.

		The respondent in any involuntary commitment proceeding held pursuant to the provisions of sections 41-21-61 through 41-21-107 may make a knowing and intelligent waiver of his rights in such proceeding, provided that the waiver is made by his attorney with the informed consent of the respondent and with the approval of the court. The reasons for the waiver shall be made a part of the record.


		§ 41-21-81. Twenty days' observation, diagnosis and treatment; notice of need for further treatment; right to hearing on need for further treatment.

		If at any time within twenty (20) days after admission of a patient to a treatment facility the director determines that the patient is in need of continued hospitalization, he shall give written notice of his findings, together with his reasons for such findings, to the respondent, the patient's attorney, the clerk of the admitting court and the two (2) nearest relatives or guardian of the patient, if the addresses of such relatives or guardian are known. The patient, or any aggrieved relative or friend or guardian shall have sixty (60) days from the date of such notice to request a hearing on the question of the patient's commitment for further treatment. The patient, or any aggrieved relative or guardian or friend, may request a hearing by filing a written notice of request within such sixty (60) days with the clerk of the county within which the facility is located; provided, however, that the patient may request such a hearing in writing to any member of the professional staff, which shall be forwarded to the director and promptly filed with the clerk of the county within which the facility is located and provided further that if the patient is confined at the Mississippi State Hospital, Whitfield, Mississippi, said notice of request shall be filed with the Chancery Clerk of the First Judicial District of Hinds County, Mississippi. A copy of the notice of request must be filed by the patient or on his behalf with the director and the chancery clerk of the admitting court. The notice of the need for continued hospitalization shall be explained to the patient by a member of the professional staff and the explanation documented in the clinical record. At the same time the patient shall be advised of his right to request a hearing and of his right to consult a lawyer prior to deciding whether to request the hearing, and the fact that the patient has been so advised shall be documented in the clinical record. Hearings held pursuant to this section shall be held in the chancery court of the county where the facility is located; provided, however, that if the patient is confined at the Mississippi State Hospital at Whitfield, Mississippi, the hearing shall be conducted by the Chancery Court of the First Judicial District of Hinds County, Mississippi.


		§ 41-21-82. Report prior to termination of initial commitment or discharge.

		Prior to the termination of the initial commitment order, the director of the facility shall cause an impartial evaluation of the patient to be made in order to assess the extent to which the grounds for initial commitment persist, the patient continues to be mentally ill, and alternatives to involuntary commitment are available. If the results of this impartial evaluation do not support the need for continued commitment, the patient shall be discharged.

		The director shall file a written report with the committing court setting forth in detail the results of this evaluation and other facts indicating that the patient satisfies the statutory requirement for continued commitment and the findings of the examiner to support this conclusion. If, after reviewing the director's report, the court finds that the patient continues to be mentally ill and that there is no alternative to involuntary commitment, the commitment may be continued.

		Nothing in this section shall preclude the patient, his counsel or another person acting in his behalf from requesting a hearing under Sections 41-21-81 or 41-21-99.


		§ 41-21-83. Hearing on need for further treatment.

		If a hearing is requested as provided in Section 41-21-74, 41-21-81 or 41-21-99, the court shall not make a determination of the need for continued commitment unless a hearing is held and the court finds by clear and convincing evidence that (a) the person continues to be mentally ill or mentally retarded; and (b) involuntary commitment is necessary for the protection of the patient or others; and (c) there is no alternative to involuntary commitment. Hearings held pursuant to this section shall be held in the chancery court of the county where the facility is located; p