Involuntary Commitment
Involuntary commitment is a legal process that places someone in a treatment facility even if they do not want to go.
It is for people struggling with mental health or substance use who might hurt themselves or others. This includes people who have attempted or threatened suicide, hurt others or are unable to take care of themselves because of their severe symptoms. It can save someone's life.
Involuntary commitment should be used as a last resort. It can be a difficult experience that takes away someone’s liberty.
Looking for other support? Explore available crisis services.
Are you a provider or other professional? Visit the page for professionals instead.
How to move forward with involuntary commitment
If you believe someone needs help because they may hurt themselves or others, but they do not want to get help, you have three options:
Police can start the involuntary commitment process if the person is a danger to themselves or others.
If possible, ask for a CIT (Crisis Intervention Team) Officer. They have special training in handling behavioral health crises.
Mobile crisis teams can come to you, help calm the situation and guide you through your options. They can help you with the involuntary commitment process and in some cases can start the process directly.
Mobile crisis teams are available 24/7.
You can ask a magistrate to order someone to get evaluated and treated. This must be done in person.
- Go to the magistrate’s office in the county where the person lives. To find the office, use this courts directory or call 988. Magistrates offices are open 24/7.
- Give the person’s name, address and their date of birth (if you know it). They will help you fill out the Affidavit And Petition For Involuntary Commitment form.
- Explain under oath why the person is a danger to themselves or others.
- If the magistrate agrees, they will issue a custody order.
- Within 24 hours, police will take the person to a health provider for an evaluation.
Once someone is taken for involuntary commitment
The person will get two examinations by different medical teams and a court hearing. This process can take up to 10 days.
In the meantime, the person will be held for evaluation and treatment. They are not allowed to leave. However, their medical team or a judge can release them at any time if they are no longer a danger to themselves or others.
For details on the process, see the Involuntary Commitment process flowchart.
If you think someone should or should not be released from treatment, share your concerns with the facility where they are being treated. Or consult a legal professional to understand your rights.
Once someone is held for treatment or involuntarily committed, their medical information is protected by health privacy (HIPAA) laws.
The medical team can only talk to you about the person's treatment if:
- you are their parent and they are under 18;
- you are their court-appointed legal guardian;
- you are their health care power of attorney (or a similar power of attorney); or
- the person signs an authorization saying it is okay.
Unless one of these is true, the medical team cannot tell you anything about their treatment, including where they are being treated or if they have been released.
A parent of a child under 18 or a court-appointed legal guardian can get treatment information on the person who is involuntarily committed.
However, even parents and legal guardians cannot make decisions about:
- The treatment plan
- Changing where the person is treated
- The release date
If the medical team thinks it would be good for the person, their parents or legal guardians should be involved in planning for the person's release. However, the medical team is not required to notify, or consult with, parents or legal guardians before releasing the person.
If there is a court hearing about the person's involuntary commitment, parents and legal guardians can ask to be present. However, the law does not state that they must be notified of the time and place of the hearing itself. They will be informed of the court's decision.
Within 10 days, they will have a chance to go to court and explain their side of the story. A judge will decide if they need to stay in treatment or be released. If they cannot afford a lawyer or refuse to get one, they will get a court-appointed lawyer.
Parents and legal guardians can ask to attend this hearing, but the law does not require that they be notified of the time and place of the hearing itself. They will be informed of the court's decision.
If the court hearing rules that commitment is necessary, the involuntary commitment will be reported to the National Instant Criminal Background Check System. This record will not include confidential medical information, as that is protected by health privacy laws.
If they were released before a court hearing rules that commitment is necessary, it will not be reported.
To remove an involuntary commitment from a record, consult a legal professional.
If their insurance does not fully cover the services, they are responsible for the rest.
Psychiatric Advance Directives
Consider creating a Psychiatric Advance Directive before a crisis happens. This is a legal document that states your preferences in the event of a crisis, such as:
- Your treatment preferences
- Your medication preferences
- Your facility preferences
- Who can make decisions on your behalf (health care power of attorney)
Research shows that Psychiatric Advance Directives help reduce involuntary commitments and get people the help they want. For more information, visit Crisis Navigation Project.
Need help?
If someone is in immediate danger: Call 911 and ask for a CIT (Crisis Intervention Team) Officer. They have special training and can start the involuntary commitment process if necessary.
Not sure how to help someone? Call a mobile crisis team and tell them about the situation. They can offer guidance, explain how involuntary commitment works and even come out to help. You can also call the 988 Suicide and Crisis Lifeline or learn about other North Carolina crisis services.
For general questions on the involuntary commitment process, email IVCCommunication@dhhs.nc.gov.
For legal advice, please consult with a legal professional.