Health & Benefits

Fill out the following documents:

• Petition for Involuntary/Judicial Admission
• Inpatient Certificate (Psychiatrist)
• Inpatient Certificate (Another Clinician) 

You are the petitioner. The respondent is the person for whom you are seeking treatment.

The petitioner may be anyone 18 years of age or older. You do not need to be a relative to file a petition. You must disclose any other legal cases that involve both you and the respondent.

The petition should have a detailed statement. This should include:

• signs and symptoms of mental illness,
• a description of any act, threats, or behavior, and
• the time and place of each occurrence.

It must list the names and addresses of people who might have information about the allegations. This could include a spouse, parent, or guardian. Include the names, addresses, and phone numbers of any witnesses. 

You must file two certificates with your petition. Each document must be from a clinician who has worked with the respondent. This can include a doctor, psychiatrist, clinical psychologist, licensed clinical social worker (LCSW), licensed clinical professional counselor (LCPC) or licensed marriage and family therapist (LMFT). At least one must be from a psychiatrist.

The petition may be filed with or without the certificates. No hearing will be set until the two certificates are completed. The clinician must have examined the respondent less than 72 hours before completing the certificate. 

The petition should be filed in the county where the respondent lives. There will be a fee to file. The clerk will then give you your court date.

Hearing on petitions for involuntary inpatient admission are set within 5 business days. Petitions for involuntary treatment are set for hearing within 7 business days. 

The respondent may request a jury trial. The jury will decide if the respondent is subject to inpatient or outpatient admission against his or her will. Jury trials are not permitted in involuntary treatment cases.

A mental health specialist who has examined the respondent must testify at the hearing. The respondent can waive this requirement.

The respondent can choose not to appear at the hearing. The respondent can also be examined by an expert of their own choice.

The petitioner has to provide strong evidence for the judge to order admission or treatment if the respondent doesn't want it.

After hearing all the evidence, the judge either grants or denies the petition. The judge fills out an order explaining what they decided. 

The judge can order the use of psychotropic medication or electroconvulsive therapy for up to 90 days. Or they can order inpatient admission to a mental health facility for up to 90 days.

Either order can be extended another 90 days. After that, 180 day periods may be added.

If a new petition and two certificates are filed, the judge might decide to add another 90 days of inpatient treatment after a hearing.