Findings and Order Involuntary Commitment Physican - Petitioner Recommends Outpatient Commitment: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Findings and Order Involuntary Commitment Physician - Petitioner Recommends Outpatient Commitment
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North Carolina
Control #:
NC-SP-305
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PDF
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FAQ
You will be allowed to leave within 3 days (72 hours) unless your doctor feels you need further treatment. If this is the case, the process for involuntary commitment may be started.
The criteria for involuntary hospitalization are as follows: patients must exhibit dangerous behavior toward themselves or others, they must be helpless and unable to provide for their basic daily needs, and there is a danger of essential harm to their mental health if they do not receive mental care.
Involuntary Patients You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment.
Involuntary commitment should be limited to persons who pose a serious risk of physical harm to themselves or others in the near future. Under no circumstances should involuntary commitment be imposed upon someone based upon a risk of harm to property or a risk of non-physical harm.
Depending on whether the person seeks treatment for a mental condition he or she experiences, a therapist or a counselor can have a person committed against his or her will.The therapist will have the power to contact the appropriate authorities and have the person sent to a mental health clinic.
Illegal commitments can be challenged and the records expunged through the filing of a petition with the Court of Common Pleas. If the petition to expunge is granted, the involuntary commitment record is expunged and the petitioner's rights, including the right to bear arms are restored.
Petition. People may be involuntarily committed when symptoms of a mental illness or substance use disorder escalate to the point of endangering themselves or others. In North Carolina, anyone who has first-hand knowledge of the individual's behavior or state of mind can complete a petition in front of a magistrate.
What happens during an involuntary hold? When a person is detained for up to 72 hours, the emergency facility or hospital is required to do an evaluation of that person, taking into account his/her medical, psychological, educational, social, financial and legal situation.