There are two applications that can be filled out to help someone receive treatment for a mental health issue:

1. Application for Emergency Evaluation
   • Filed when a person is in immediate danger of hurting themselves or others and refuses or is unable to decide to receive voluntary treatment.
   • If you are filing an Emergency Application, you also have to submit the Application for Involuntary Evaluation.
2. Application for Involuntary Evaluation
   • If there is no immediate danger, but there is a history of behavior that you believe needs psychiatric attention, and the person does not want treatment.

Who can fill out an Application?

Anyone over the age of 18 who has witnessed a behavior recently. The individual submitting an application may be someone such as a family member, case manager, or any other person in the community.  They must present facts to support the allegations made in the application.

What information do I need to have?

• You will be asked to provide the person's:
  • Age
  • Date of birth
  • Social security number
  • Gender
  • Height
  • Weight
  • Present location
  • Places of previous hospitalization
• Name or identifying factors of their
  • Spouse
  • Next of kin
  • Significant people in their life
• Why the person is unable or unwilling to go to treatment voluntarily
• Examples of the recent behavior of the person
• Both documents MUST be signed by a notary before being submitted

What is considered a recent behavior?

Depending on the agency and/or court, you will need to provide examples of recent behaviors.  Behaviors that have occurred within the last 2 months are considered recent.  Some locations will take examples from further back, but most often, nothing longer than 6 months that will be considered relevant.  You can ask the agency when you are filling out the paperwork as to what qualifies.

Do I need to have witnesses to support the application?

At this point in the process, you are not legally obligated to have witnesses that can testify as to the behavior of the patient.  When the petition for involuntary treatment is filed with the Court, you will be asked to produce 2 witnesses.  Some courts will accept only 1 witness, but 2 is preferred.

The application must include certain fact-based information that they believe the person has a mental disorder, and as a result of the mental disorder is:

• A danger to self (as a result of a mental disorder)

  • A person who is in danger of inflicting serious physical harm on oneself. Including attempted suicide or the serious threats of suicide, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out.
  • Without hospitalization serious physical harm, serious illness, or death will occur

• A danger to others

  • The person does not understand that they have a need of mental health treatment
  • If their behavior continues they can be reasonably expected to hurt others

• Gravely disabled

  • The person is unable to provide for their own basic physical needs

• Persistently or acutely disabled

  • Severe mental disorder that meets all the following criteria:
    • If not treated the person has a large possibility of suffering or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality.
    • Substantially impairs the person's ability to make an informed decision regarding treatment, even after everything is explained to them.  The person is incapable of understanding and expressing the advantages and disadvantages of accepting treatment.  They are also not able to understand and express the alternatives to the particular treatment offered.
    • Has a reasonable chance of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.

What types of behaviors would qualify?

People are able to live happy and productive lives with mental health issues every day, without the need for hospitalization.  Having someone approved for involuntary treatment is the same as having their civil rights taken away; this is why it is such a difficult and lengthy process.  For non-emergency situations, demonstrating a history of mentally ill behaviors can be difficult.  Things that can be included:

• Dangerous hoarding or unsanitary conditions that could cause a health risk to themselves or others
• Cannot do daily tasks like showering, putting on clothes, or finding food
• Increasing severity of self-harm behaviors like cutting