Overview
Civil commitment is a process in which a judge decides whether a person must accept mental health treatment for the safety of themselves or others. Civil commitment is not a criminal conviction and will not go on a criminal record.
The process starts when someone files a civil commitment petition. Any two people with firsthand knowledge of the person's mental condition and safety concerns can file a two-party petition. To do this:
- Complete the petition, including part CC09A of the form.
- Get the completed form notarized.
- Submit the notarized form with part CC09A to your local Community Mental Health Program (CMHP).
View the petition:
Two-Party Petition - English
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What Happens When a Petition Is Filed:
The local CMHP will investigate to find out whether a hearing is needed. Depending on the investigator’s decision:
- The case may be dismissed with no civil commitment hearing,
- The person may go into a diversion program, or
- A civil commitment hearing may be held.
What Happens at a Civil Commitment Hearing:
The person has a lawyer and witnesses testify. The judge then decides whether the person should be committed.
A person can be committed if the judge finds by clear and convincing evidence that the person has a mental disorder and, because of that mental disorder, is:
- Dangerous to self or others, or
- Unable to provide for basic personal needs like health and safety.
A person can also be committed if the judge finds that the person is:
- Diagnosed as having a major mental illness such as schizophrenia or manic-depression, and
- Has been committed and hospitalized twice in the last three years, is showing symptoms or behavior similar to those that preceded and led to a prior hospitalization and,
- Unless treated, will continue, to a reasonable medical probability, to deteriorate to become a danger to self or others or unable to provide for basic needs.
Questions?
Learn more about the civil commitment process on the Disability Rights Oregon website.
For general questions, email us