Tag Archives: involuntary commitment; drug addition; rehabilitation

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Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility.  The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative.  The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.

The Petition must allege that the patient is an alcoholic or drug addict, a Mississippi resident who is unfit to manage their affairs, OR a danger to themselves or others, OR lost the power of self-control, AND who is in need of care and treatment, AND that treatment will improve the health of the patient.

Upon filing the Petition, a hearing will be set, summons issued and hearing held five to twenty days after filing.  The Defendant must served not less than three days before the hearing.

At the commitment hearing, the Chancellor will hear evidence presented by the Petitioner.  Such evidence may consist of the testimony of witnesses.  The Chancellor may also order an examination of the Defendant.

The Court will consider all of the above factors to determine whether involuntary commitment is appropriate.  If Petition is granted, the judge will enter an order for 30-90 days of treatment

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Under Mississippi Code Ann §41-32-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility.  The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative.  The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.

The Petition must allege that the patient is an alcoholic or drug addict, who is powerless over alcohol or drugs and whose life is unmanageable.  The Petition must also allege that the mental and physical health, continued family life, position in the community are dependent upon receiving treatment and that the patient has refused to self-commit despite requests; that the petitioner has selected a treatment facility or combination of facilities; financial arrangements have been made and that the facility has approved admission, subject to commitment by Court.

The Court will consider all of the foregoing factors plus “clear and convincing” evidence that involuntary commitment is appropriate.  The length of treatment may be for 60 days maximum and an additional 120 days as an outpatient or longer if the treatment facility decides additional treatment is warranted.