Civil Commitment Evaluation Paper
Civil Commitment Evaluations
FPSY-4112-2
Walden University
11/23/2014
Today I will describe the methods for civil commitment evaluations, including what civil commitment is, who is involved, and when it is and is not appropriate. Since the laws pertaining to civil commitment vary from State to State, I will be referencing Minnesota laws in regards to the subject. The law and legal definition of civil commitment refers to, “the jailing of a person for debt or nonpayment of alimony or the confinement of an insane person, alcoholic, or drug addict for treatment or protection or the commitment of a person under civil arrest” ("Civil Commitment Law & Legal Definition," 2001- 2014). In the USA laws pertaining to civil commitments vary dependent upon what the individual statutes and laws pertaining to civil commitment are in the State involved (Mrad, D., Watson, C. 2011). For example, in Minnesota, “Mental Health has the obligation of committing persons to treatment …show more content…
centers with the allegation of Mental Illness, Developmentally Disabled, Chemical Dependency, Psychopathic Personality and referrals from Criminal Court” ("Mental Health Civil Commitments," n.d., pg. 467). However, it should be noted that in Minnesota commitment laws are for persons ages 18 or older, but, provided that all the due process requirements have been meet, some counties allow for these laws to be applied to 16 and 17 year olds (Minnesota National Alliance on Mental Illness, 2006). In Minnesota, there are six types of civil commitment proceedings:
Mentally Ill persons (MI) - Persons that are mentally ill and as a result, pose a danger to themselves or others;
Mentally Retarded persons (MR) - Persons that are mentally retarded (developmentally disabled) and as a result, pose a danger to themselves or others;
Chemically Dependent persons (CD) - Persons that are chemically dependent, unable to manage personal affairs, and as a result, pose a danger to themselves or others;
Persons Mentally Ill and Dangerous to the Public (MI&D) - Persons that are mentally ill and as a result, have caused or intended to cause serious physical harm to another and are likely to take such action in the future;
Sexual Psychopathic Personalities (SPP) - Persons who have an utter lack of power to control their sexual impulses as the result of a mental disorder and therefore pose a danger to the public;
Sexually Dangerous Persons (SDP) - Persons who have a mental disorder who have engaged in and are likely to continue to engage in harmful sexual conduct. ("Mental Health Civil Commitments," n.d., pg. 467) The six major steps in the Minnesota commitment process are as follows:
1. Initiating the process and the prepetition process (there are two ways, one is for emergencies)
2. Beginning the petition process
3. Conducting the examination
4. Holding the preliminary hearing
5. Holding the commitment hearing (trial)
6. Determining the result
(Minnesota National Alliance on Mental Illness, 2006, Pg. 7). Initiating he process involves one of two steps, obtaining an emergency hold or contacting the appropriate agency to obtain a prepetition screening. An emergency hold can be initiated by a physician or doctoral level psychologist, a peace or health officer, or the court. If an emergency hold is not warranted, you can contact the human services department in the county that the individual resides, and they will assign a pre-petition screening team. This team will assess if the individual in question meets all the requirements for Civil Commitment (Minnesota National Alliance on Mental Illness, 2006, Pg. 9).
This evaluation or screening consists of, interviewing the individual, identify and investigate any alleged behaviors that would justify commitment, look for and explore alternate solutions other than commitment, as well as, provide an explanation as to why said alternatives may or may not be appropriate. In addition to this, the team will gather other information about the individual, such as their medications, their ability to consent to treatment, and their amenability to treatment (Minnesota National Alliance on Mental Illness, 2006, Pg. 9).
In order to provide specific examples of problem behaviors to support a petition for commitment some pertinent areas to ask the individual questions about include, but are not limited to, background (name, address, etc….), Employment history, financial situation, diet, overall health, housing, drug and alcohol use, criminal background, behavior, diagnosis/symptoms, medications, medical and mental care providers, and treatment history (Minnesota National Alliance on Mental Illness, 2006, Pg. 12).
After this prepetition process is complete the petition will be sent to the court and another evaluation will be order to be performed by a court- appointed examiner who is a licensed psychologist or psychiatrist providing the court with an independent assessment of the individual. During this examination not only will a mental health screening be performed, such things as risk assessments and malingering will be looked at closely. There are a number of tools that the examiner may utilize in these assessments. A few examples include, the Minnesota Multiphasic Personality Inventory – 2 (MMPI – 2) which can help in determining such things as, termed validity scales, response style, or if a mental disorder is present. The MMPI-2 has 10 clinical scales to measure 10 major types of abnormal behavior and 4 validity scales to measure one’s overall attitude towards testing and truthfulness and helps in determining if any malingering is present (E. Drogin, F. Dattilio, R. Sadoff, T. Gutheil). Another example validated for the use with adult males is the Hare PCL-R (Psychopathy Checklist). Although not original designed for risk assessment prediction this tool has slowly came to be used to assess the likelihood of future recidivism and violent offending and recent research has shown it to effective across diverse populations (Webster, n.d.). The preliminary hearing and then commitment hearing follow, after which the Judge will decide if there is in fact enough evidence, to support the civil commitment of the individual (Minnesota National Alliance on Mental Illness, 2006). As you can see, there can be multiple persons involved in this process. Lawyers, judges, mental health, and social service professionals, law enforcement officers, and families are a few examples of people who play an integral part in Civil Commitment proceedings. In conclusion civil commitment is court-ordered treatment reserved for individuals who have been found to be a threat to others or themselves suffering from such things as mental illness, chemically dependency, or are found to be sexually dangerous, and is unsuitable for any individuals who do not meet this criteria. The process of commitment may result in the individual being confined in a state facility, hospital or treatment center, or in some cases outpatient treatment, dependent on what the court deems the most appropriate.
References:
Civil Commitment Law & Legal Definition.
(n.d.). Retrieved from http://definitions.uslegal.com/c/civil-commitment/
Drogin, E. Y., Dattilio, F. M., Sandoff, R. L., & Gutheil, T. G. (2011). Handbook of forensic assessment: Psychological and psychiatric perspectives. Hoboken, NJ: John Wiley & Sons
Mental Health Civil Commitments. (n.d.). Retrieved from http://www.mncourts.gov/district/4/?page=467
Minnesota National Alliance on Mental Illness. (n.d.). http://www.namihelps.org. Retrieved November 20, 2014, from http://www.namihelps.org/assets/PDFs/civilcommitmentSinglePg102108.pdf
Mrad, D., Watson, C. (2011). Civil commitment. In E. Drogin, F. Dattilio, R. Sadoff, T. Gutheil, Handbook of forensic assessment: Psychological and psychiatric perspectives (pp. 479–501). Hoboken, NJ: John Wiley & Sons, Inc.
Webster, C. (n.d.). Forensic Psychiatry - Risk Assessment Instruments. Retrieved November 20, 2014, from
http://www.forensicpsychiatry.ca/risk/instruments.htm#pclr
FPSY-4112-2
Walden University
11/23/2014
Today I will describe the methods for civil commitment evaluations, including what civil commitment is, who is involved, and when it is and is not appropriate. Since the laws pertaining to civil commitment vary from State to State, I will be referencing Minnesota laws in regards to the subject. The law and legal definition of civil commitment refers to, “the jailing of a person for debt or nonpayment of alimony or the confinement of an insane person, alcoholic, or drug addict for treatment or protection or the commitment of a person under civil arrest” ("Civil Commitment Law & Legal Definition," 2001- 2014). In the USA laws pertaining to civil commitments vary dependent upon what the individual statutes and laws pertaining to civil commitment are in the State involved (Mrad, D., Watson, C. 2011). For example, in Minnesota, “Mental Health has the obligation of committing persons to treatment …show more content…
centers with the allegation of Mental Illness, Developmentally Disabled, Chemical Dependency, Psychopathic Personality and referrals from Criminal Court” ("Mental Health Civil Commitments," n.d., pg. 467). However, it should be noted that in Minnesota commitment laws are for persons ages 18 or older, but, provided that all the due process requirements have been meet, some counties allow for these laws to be applied to 16 and 17 year olds (Minnesota National Alliance on Mental Illness, 2006). In Minnesota, there are six types of civil commitment proceedings:
Mentally Ill persons (MI) - Persons that are mentally ill and as a result, pose a danger to themselves or others;
Mentally Retarded persons (MR) - Persons that are mentally retarded (developmentally disabled) and as a result, pose a danger to themselves or others;
Chemically Dependent persons (CD) - Persons that are chemically dependent, unable to manage personal affairs, and as a result, pose a danger to themselves or others;
Persons Mentally Ill and Dangerous to the Public (MI&D) - Persons that are mentally ill and as a result, have caused or intended to cause serious physical harm to another and are likely to take such action in the future;
Sexual Psychopathic Personalities (SPP) - Persons who have an utter lack of power to control their sexual impulses as the result of a mental disorder and therefore pose a danger to the public;
Sexually Dangerous Persons (SDP) - Persons who have a mental disorder who have engaged in and are likely to continue to engage in harmful sexual conduct. ("Mental Health Civil Commitments," n.d., pg. 467) The six major steps in the Minnesota commitment process are as follows:
1. Initiating the process and the prepetition process (there are two ways, one is for emergencies)
2. Beginning the petition process
3. Conducting the examination
4. Holding the preliminary hearing
5. Holding the commitment hearing (trial)
6. Determining the result
(Minnesota National Alliance on Mental Illness, 2006, Pg. 7). Initiating he process involves one of two steps, obtaining an emergency hold or contacting the appropriate agency to obtain a prepetition screening. An emergency hold can be initiated by a physician or doctoral level psychologist, a peace or health officer, or the court. If an emergency hold is not warranted, you can contact the human services department in the county that the individual resides, and they will assign a pre-petition screening team. This team will assess if the individual in question meets all the requirements for Civil Commitment (Minnesota National Alliance on Mental Illness, 2006, Pg. 9).
This evaluation or screening consists of, interviewing the individual, identify and investigate any alleged behaviors that would justify commitment, look for and explore alternate solutions other than commitment, as well as, provide an explanation as to why said alternatives may or may not be appropriate. In addition to this, the team will gather other information about the individual, such as their medications, their ability to consent to treatment, and their amenability to treatment (Minnesota National Alliance on Mental Illness, 2006, Pg. 9).
In order to provide specific examples of problem behaviors to support a petition for commitment some pertinent areas to ask the individual questions about include, but are not limited to, background (name, address, etc….), Employment history, financial situation, diet, overall health, housing, drug and alcohol use, criminal background, behavior, diagnosis/symptoms, medications, medical and mental care providers, and treatment history (Minnesota National Alliance on Mental Illness, 2006, Pg. 12).
After this prepetition process is complete the petition will be sent to the court and another evaluation will be order to be performed by a court- appointed examiner who is a licensed psychologist or psychiatrist providing the court with an independent assessment of the individual. During this examination not only will a mental health screening be performed, such things as risk assessments and malingering will be looked at closely. There are a number of tools that the examiner may utilize in these assessments. A few examples include, the Minnesota Multiphasic Personality Inventory – 2 (MMPI – 2) which can help in determining such things as, termed validity scales, response style, or if a mental disorder is present. The MMPI-2 has 10 clinical scales to measure 10 major types of abnormal behavior and 4 validity scales to measure one’s overall attitude towards testing and truthfulness and helps in determining if any malingering is present (E. Drogin, F. Dattilio, R. Sadoff, T. Gutheil). Another example validated for the use with adult males is the Hare PCL-R (Psychopathy Checklist). Although not original designed for risk assessment prediction this tool has slowly came to be used to assess the likelihood of future recidivism and violent offending and recent research has shown it to effective across diverse populations (Webster, n.d.). The preliminary hearing and then commitment hearing follow, after which the Judge will decide if there is in fact enough evidence, to support the civil commitment of the individual (Minnesota National Alliance on Mental Illness, 2006). As you can see, there can be multiple persons involved in this process. Lawyers, judges, mental health, and social service professionals, law enforcement officers, and families are a few examples of people who play an integral part in Civil Commitment proceedings. In conclusion civil commitment is court-ordered treatment reserved for individuals who have been found to be a threat to others or themselves suffering from such things as mental illness, chemically dependency, or are found to be sexually dangerous, and is unsuitable for any individuals who do not meet this criteria. The process of commitment may result in the individual being confined in a state facility, hospital or treatment center, or in some cases outpatient treatment, dependent on what the court deems the most appropriate.
References:
Civil Commitment Law & Legal Definition.
(n.d.). Retrieved from http://definitions.uslegal.com/c/civil-commitment/
Drogin, E. Y., Dattilio, F. M., Sandoff, R. L., & Gutheil, T. G. (2011). Handbook of forensic assessment: Psychological and psychiatric perspectives. Hoboken, NJ: John Wiley & Sons
Mental Health Civil Commitments. (n.d.). Retrieved from http://www.mncourts.gov/district/4/?page=467
Minnesota National Alliance on Mental Illness. (n.d.). http://www.namihelps.org. Retrieved November 20, 2014, from http://www.namihelps.org/assets/PDFs/civilcommitmentSinglePg102108.pdf
Mrad, D., Watson, C. (2011). Civil commitment. In E. Drogin, F. Dattilio, R. Sadoff, T. Gutheil, Handbook of forensic assessment: Psychological and psychiatric perspectives (pp. 479–501). Hoboken, NJ: John Wiley & Sons, Inc.
Webster, C. (n.d.). Forensic Psychiatry - Risk Assessment Instruments. Retrieved November 20, 2014, from
http://www.forensicpsychiatry.ca/risk/instruments.htm#pclr