Involuntary Commital

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Involuntary Committals

Petitioners are requesting the Court to issue an Order to Apprehend an individual, alleging the individual is in need of a mental evaluation. Upon the Order of the Court, the Sheriff’s deputy will pick the person up and deliver the individual to the designated hospital for a mental evaluation.


Requirements


To commit someone involuntary for a mental evaluation, two people have to petition the Court. Petitioners must have witnessed the behavior of an individual within 48 hours of their hearing date. If it has been 49 hours since the two individuals saw the mentally ill person, the Judge cannot sign the Order to Apprehend. The witnesses must attest to the fact that the said individual is a mentally ill person, an alcoholic or is drug dependent, presents a substantial risk of imminent harm to him or others, and that this individual needs involuntary treatment. You should call the Court to schedule a hearing.


Court Process

To begin the process, immediately call the Court for a hearing date/time, keeping in mind two people have to have witnessed the behavior within 48 hours. Then these two individuals fill out the petition stating why the person needs to be evaluated. At the hearing, if the Judge determines the individual needs to be evaluated, he signs the Order to Apprehend the individual and orders the Sheriff to deliver the individual to the designated Hospital for evaluation. The clerk will notify the sheriff to pick up the Order to Apprehend. The sheriff will have six days from the date of hearing to apprehend said person. After the person is delivered for evaluation, the doctors at the facility determine whether or not the person requires hospitalization.

Any licensed doctor in the State of Georgia, can also commit a person in the State of Georgia, for involuntary treatment upon signing a 1013 Request Form.

Please note that if a person is currently in jail, Probate Court, will not intervene. The Judge the individual appears in front of to answer charges, can sign an Order for involuntary treatment.