Need For Treatment

AOT

Relevant Code Sections

Standard

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X

Ala. Code
� 22-52-10.4
� 22-52-10.2

Inpatient: A real and present danger to self/others, without treatment will continue to suffer mental distress and deterioration of ability to function independently, and unable to make a rational and informed decision concerning treatment.
Outpatient: Without treatment will continue to suffer mental distress and deterioration of the ability to function independently and the respondent is unable to make a rational and informed decision concerning treatment.

X

X

Alaska Stat.
� 47.30.755(a)
� 47.30.915(7)
� 47.30.915(10)

X

X

Ariz. Rev. Stat.
� 36-540(A)
� 36-501(5), (6), (16), (33)

X

‡

Calif. Welf.
& Inst. Code 
� 5250;
� 5008(h)(1);
� 5346(a)

Inpatient: (1) Danger to self/others or (2) unable to provide for basic personal needs for food, clothing, or shelter.
Outpatient: Condition likely to substantially deteriorate, unlikely to survive safely in community without supervision, history of noncompliance which includes two hospitalizations in past 36 months or act/threat/attempt of violence to self/others in 48 months immediately preceding petition filing, likely needs to prevent meeting inpatient standard, and likely to benefit from assisted treatment.
‡Note: Separate outpatient standard only available in counties that have adopted provisions established by Assembly Bill 1421 (2002) (a.k.a. Laura’s Law); otherwise mandated outpatient treatment only permitted via conservatorship process.

X

X

Colo. Rev. Stat.
� 27-10-111(1)
� 27-10-102(5)

Conn. Gen. Stat. Ann.
� 17a-498(c)
� 17a-495(a)

X

Del. Code Ann.
tit. 16, � 5001(6)
tit. 16. � 5010

X

hX

Fla. Stat. Ann.
� 394.467(1)
� 394.4655(1)

Inpatient: Unable or refuses to make responsible decisions with respect to voluntary placement for treatment AND either (1) without treatment, incapable of surviving alone or with the help of willing family or friends, and likely to suffer from neglect or refuse to care for himself/herself that will pose a real and present threat of substantial harm to well-being OR (2) danger to self/others, as evidenced by recent behavior. 
Outpatient:  Unlikely to survive safely in community without supervision, history of noncompliance which includes two hospitalizations in past 36 months or acts/threat/attempt of violence to self/others in 36 months immediately preceding petition filing, unlikely to voluntarily participate, needs in order to prevent relapse or deterioration likely to result in serious harm to self/others, and likely to benefit from assisted treatment.

X

X

Ga. Code Ann.
� 37-3-1(9.1)
� 37-3-1(12.1)

Inpatient: In need of involuntary treatment AND (1) imminent danger to self/others, evidenced by recent overt acts or expressed threats of violence OR (2) unable to care for physical health and safety so as to create an imminently life-endangering crisis and in need of involuntary treatment.
Outpatient: Based on treatment history or current mental status, requires outpatient treatment in order to avoid predictably and imminently becoming an inpatient and unable to voluntarily seek or comply with outpatient treatment. 

X

X

Inpatient: In need of treatment AND either (1) imminent danger to self/others, including that of substantial emotional injuries to others; OR (2) unable to provide for basic personal needs for food, clothing, or shelter, unable to make or communicate rational decisions concerning personal welfare, and lacking the capacity to understand that this is so; OR (3) behavior and previous history indicate a disabling mental illness and unable to make rational decisions concerning treatment.
Outpatient: Either previous inpatient hospital treatment for a severe mental disorder or substance abuse OR previously been imminently dangerous to self/others OR meets no.2, above AND capable of surviving safely in the community with available supervision; based on the treatment history and current behavior, treatment is needed to prevent deterioration predictably resulting in imminent danger to self/others; unable to make a rational decisions concerning treatment; and outpatient treatment ordered is likely to be beneficial.

X

X

Inpatient: (1) Danger to self/others or (2) in danger of serious physical harm due to inability to provide for essential needs.
Outpatient: Without treatment likely to become danger to self /others, lacks capacity to make informed treatment decisions, previous psychiatric hospitalization, previously failed to substantially comply with the prescribed course of outpatient treatment, and patient's disorder likely to respond to the treatment. 

X

X

X

Inpatient: (1) danger to self/others; or in danger of coming to harm because either (2) unable to provide for food, clothing, shelter, or other essential human needs OR (3) substantial impairment or obvious deterioration that results in inability to function independently.
Outpatient: Same as for inpatient except must also be likely to benefit from the recommended outpatient treatment program and not be likely to meet inpatient standard if compliant with the recommended program. 

X

X

Inpatient: Lacks capacity to make informed decision concerning treatment AND either (1) danger to self/others/property OR (2) substantially unable to provide for basic needs, such as food, clothing, shelter, health or safety.
Outpatient: Same as for inpatient except must also be likely to comply with outpatient treatment order and not likely be danger to self/others/community while subject to outpatient treatment order. 

‡

X

X

X

X

Outpatient: Impaired understanding of the need for treatment makes voluntary participation in treatment unlikely, noncompliant with recommended treatment necessary to prevent a relapse or harmful deterioration of condition, and history of noncompliance that includes two hospitalizations in past 36 months or acts/threats/attempts of violence to self/others in past 48 months.

X

Inpatient: (1) A clear danger to others OR the likelihood of physical harm to self/others as demonstrated by either (2) failure to obtain necessary food, clothing, shelter, or medical care as a result of impairment OR (3) inability to obtain necessary food, clothing, shelter or medical care and is more probable than not will suffer substantial harm, significant psychiatric deterioration or debilitation, or serious illness OR (4) a recent attempt or threat to harm self/others OR (5) recent, volitional conduct involving significant damage to property.Outpatient: Meets one of the criteria from the inpatient standard AND either (1) manifestations interfere with ability to care for self and, when competent, would choose substantially similar treatment OR (2) has had at least two court-ordered hospitalizations in past three years, exhibits symptoms/behavior substantially similar to those precipitating one or more of those hospitalizations, and reasonably expected to deteriorate to inpatient standard unless treated. 

X

X

X

X

X

X

X

X

X

X

Inpatient: Danger to self/others, treatment in hospital is essential to welfare, and is unable to understand need for care and treatment.
Outpatient: Unlikely to survive safely in community without supervision, history of noncompliance which includes two hospitalizations in past 36 months or acts/threat/attempt of violence to self/others in 48 months immediately preceding petition filing, unlikely to voluntarily participate, needs in order to prevent relapse or deterioration likely to result in serious harm to self/others, and likely to benefit from assisted treatment.

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Tenn. Code Ann.
� 33-6-501

§ 33-6-502

X

X

X

X

X

X

X

X

Inpatient: (1) Danger to self/others/property; or (2) in danger of serious physical harm from failure to provide for essential human needs of health or safety; or (3) severe deterioration in routine functioning evidenced by loss of cognitive or volitional control and not receiving essential care.
Outpatient: Same as inpatient, if outpatient treatment is in best interest of person. 

X

X

X

X

X

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