Mississippi Involuntary Commitment Lawyer
If you have a family member, loved one, or friend who has lost the power of self control over drugs or alcohol, or who refuses to seek treatment for dangerous psychiatric problems, there are steps you can take to get them the help that they need. You may have tried an intervention or insisted upon rehab, but to no avail. I am an experienced lawyer who can assist you with getting an individual with psychiatric, drug, or alcohol problems involuntarily committed. Contact me today to learn more about involuntary commitment matters.
Any one with personal knowledge of facts indicating that their loved one is a danger to themselves or others or has lost the power of self-control may file a petition for commitment of that loved one, requesting involuntary drug, alcohol or psychiatric treatment.
In order to file a petition for involuntary commitment, you must have strong evidence that your loved one is dangerous to themselves or others by reason of mental illness and/or drug or alcohol abuse. That evidence is presented to the judge in the form of an Affidavit and Application for Commitment, and if the judge determines that the evidence is sufficient, he/she will issue a Writ to Take Custody of your loved one. The Writ to Take Custody orders the sheriff to take your loved one into custody to be held at the jail or other treatment facility (other facilities are available on a self-pay or insurance-pay basis) pending evaluation to determine whether he/she is in need of treatment.
Your loved one will undergo a Pre-Evaluation Screening conducted by Communicare, the regional mental health facility, followed by evaluations conducted by either two (2) physicians or one (1) physician and one (1) psychologist appointed by the court. If Communicare or the doctors determine that your loved one may be treated in a less-restrictive environment than inpatient treatment at the State Hospital and may respond to outpatient treatment, the judge will enter an Order directing your loved one to complete an outpatient treatment program through Communicare or other licensed mental health facility. If your loved one fails to follow through with said outpatient treatment, he/she can be taken back into custody for commitment to an inpatient facility.
If Communicare and the doctors determine that inpatient treatment is warranted, a hearing will be scheduled before the judge where you will be required to testify regarding your knowledge of your loved one's problems. In cases where psychiatric treatment is requested, your loved one will be appointed a public defender to represent him/her at the hearing. The judge will consider all the evidence, including the Pre-Screening Evaluation and doctors' evaluations, to decide whether commitment of your loved one for inpatient treatment is appropriate.
If the judge decided that inpatient treatment is necessary, an order will be entered to have your loved one involuntarily committed to the appropriate State Hospital or private treatment facility for a period not to exceed ninety (90) days. This ninety (90) day period may be extended by the State Hospital. If you have made prior payment arrangements with a private treatment facility and the facility is willing to accept him/her, your loved one may be committed to said facility. Otherwise, your loved one will be involuntarily committed to the appropriate State Hospital.
If your loved one is in need of psychiatric treatment, he/she will be committed to the North Mississippi State Hospital located in Tupelo, Mississippi or one of its crisis facilities. If your loved one is in need of drug or alcohol treatment, he/she will be committed to the MS State Hospital-Whitfield Facility located near Jackson, MS or one of its crisis facilities. At the close of the hearing, your loved one will be returned to the jail to be held there pending available bed space at the appropriate State Hospital.
It should be noted that an involuntary commitment is not intended to result in long periods of confinement, nor can it ensure a cure to the illness or addiction from which the person suffers. It can, however, ensure that your loved one begins the needed treatment.
If your loved one has current criminal charges pending against him/her, he/she cannot be involuntarily committed. However, in most cases, we are able to work out an arrangement with the court to dismiss or remand the current charges so that treatment can be achieved.
Contact me at the Law Offices of James D. Franks for a free initial consultation to see how we can assist you. My services are available to individuals located throughout northern Mississippi.
James D. Franks
Attorney at Law
2584 Highway 51 S., P.O. Box 545
Hernando, MS 38632
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Phone: 662-429-5914
Fax: 662-429-1591
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