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Fact Sheet:
ELIGIBILITY OF PEOPLE INCAPACITATED BY MENTAL ILLNESS FOR PLACEMENT IN TREATMENT California v. States With Reformed Standards

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CALIFORNIA'S TREATMENT THRESHOLD

To be placed or retained in psychiatric care on a non-volitional basis, a person overcome by the symptoms of severe mental illness must be either:

"a danger to others, or to himself or herself, or gravely disabled."
CALIF. WELF. & INST. CODE � 5150, 5250, 5256.5

"gravely disabled" is defined as a "condition in which a person …
is unable to provide for his or her basic personal needs for food, clothing, or shelter."
CALIF. WELF. & INST. CODE � 5008(h)(1)(A)

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CORE CRITERIONS OF SELECTED STANDARDS OF OTHER STATES

"[W]ill, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently."
ALA. CODE � 22-52-10.2 (outpatient commitment).

"[W]ill, if not treated, suffer or continue to suffer severe and abnormal mental, emotional, or physical distress, and this distress is associated with significant impairment of judgment, reason, or behavior causing a substantial deterioration of the person's previous ability to function independently."
ALASKA STAT. � 47.30.915(7).

"If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality."
ARIZ. REV. STAT. � 36-501(29)(a).

"[I]ncapable of understanding that there are serious and highly probable risks to health and safety involved in refusing treatment, the advantages of accepting treatment, or of understanding the advantages of accepting treatment and the alternatives to the particular treatment offered, after the advantages, risks, and alternatives have been explained to the person."
HAW. REV. STAT. � 334-1 (inpatient commitment).

"[H]as a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently.
IND. CODE ANN. � 27-7-2-96.

"[S]evere physical or mental impairment or injury will result . . . as manifested by recent evidence of his actions or behavior…"
ME. REV. STAT. ANN. tit. 34B, � 3801(4)(C) (inpatient commitment).

"[T]he grossly disturbed behavior or faulty perceptions significantly interfere with the proposed patient's ability to care for self and the proposed patient, when competent, would have chosen substantially similar treatment under the same circumstances."
MINN. STAT. ANN. � 253B.065(5)(b) (for outpatient commitment).

"[A] reasonable expectation that" if "not treated there exists" a "substantial likelihood of" a "substantial deterioration in mental health which would predictably result in dangerousness to that person, others, or property, based upon acts, threats, or patterns in the person's treatment history, current condition, and other relevant factors."
N.D. CENT. CODE � 25-03.1-02(11).

"[A] person who appears to require inpatient treatment for a previously diagnosed history of schizophrenia, bipolar disorder, or major depression with suicidal intent" and "for whom such treatment is reasonably believed to prevent progressively more debilitating mental impairment."
OKLA. STAT. ANN. tit. � 43A-1-103(14)(c).

"[A]fflicted with a mental disease to such an extent that, for his own welfare or the welfare of others or of the community, he requires care, treatment or hospitalization."
S.C. CODE ANN. � 44-23-10.

"[S]uffering severe and abnormal mental, emotional, or physical distress [and] substantial mental or physical deterioration of the proposed patient's ability to function independently" as evidenced by the inability "to provide for the proposed patient's basic needs, including food, clothing, health, or safety."
TEX. HEALTH & SAFETY CODE ANN. � 574.035.

"[M]anifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions."
WASH. REV. CODE ANN. � 71.05.020(14).

"[U]nable, without supervision and the assistance of others, to satisfy his or her need for . . . medical care . . . or self-protection and safety so that there is a substantial likelihood that . . . serious mental debilitation or life-threatening disease will ensue unless adequate treatment is afforded."
W. VA. CODE �27-1-12(a)(5).

"[N]eeds care or treatment to prevent further disability or deterioration and . . . will, if left untreated, lack services necessary for his or her health or safety and suffer severe mental, emotional or physical harm" resulting in inability to "function independently in the community or the loss of cognitive or volitional control over his or her thoughts or actions."
WIS. STAT. ANN. � 51.20(1)(a)(2)(e)

"[U]nable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation, serious mental debilitation, destabilization from lack of or refusal to take prescribed psychotropic medications for a diagnosed condition or serious physical disease will imminently ensue" without prompt treatment.
WYO. STAT. ANN. � 25-10-101(a)(ii)(C).

Note: These are the core determinations of condition necessary for placement in treatment in these states. Each statute also requires that the person have a mental illness and, in most instances, be incapable of making informed medical decisions. Other findings may also be required. Most states have additional independent grounds for treatment placement. Unless otherwise noted, criterions are from standards for both inpatient and outpatient commitment.

***This document was compiled by the California Treatment Advocacy Coalition***

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