You Have More Rights as a Voluntary Patient, than if you are forced into treatment.

In North Carolina, individuals with mental illness, developmental disabilities, and substance abuse, can be voluntarily admitted and discharged from a facility. This applies to both competent and incompetent adults. [G.S. 122C-211; 212; 232; and 241.] Competent adults may seek their own admission because they think they need it. If the facility thinks they do not have a treatment that would be a benefit to you or that you do not need treatment, the facility can elect not to admit you. If you are a voluntary patient, you must be discharged within 72 hours of your own written request [G.S. 122C-211(a)-(e), and 212(a)-c]. An incompetent adult with a mental illness or substance abuse problem may have a court appointed guardian who will act on your wishes and seek admission for you. They will be required to consent to your treatment, and receive legal notices for you.

Competent adults may be admitted to facilities for individuals with mental illness or developmental disabilities on their own request [G.S. 122C-241(a)(3)].

Seeking voluntary treatment when an individual feels the signs, symptoms and fear of losing control is usually preferable to waiting until a peace officer, relative or neighbor goes to a magistrate and lists facts to justify that you are dangerous to self, dangerous to others or in need of treatment in order to prevent further deterioration that would predict dangerousness. The magistrate or clerk of superior court would then issue an order to have the individual examined by a physician or psychologist. An affidavit would be filed with facts to show that the individual is imminently dangerous or already dangerous to self or others [GS. 122C-261(a)]. The clerk or magistrate then issues a custody order to a local law enforcement officer who transports the individual to a physician or psychologist for evaluation, usually in an emergency department of a hospital. If the examiner determines that the individual meets commitment criteria, the law enforcement officer transports the client to an inpatient facility where a second examination is conducted within 24 hrs.

Within 10 days a hearing is held in district court. You have a right to be represented by a lawyer at this hearing and any subsequent hearings. If the court finds by clear, cogent and convincing evidence that the individual meets inpatient commitment criteria, it may order commitment for up to 90 days. Then at the end of 90 days, a rehearing can be held and a second commitment order be issued for an additional period of up to 180 days. Re-hearings can be held at the end of this second commitment and annually thereafter [G.S. 122C-268, 271, 276].

Long term involuntary commitment takes control out of an individual’s hands, causes the individual to be viewed as a dangerous person on police records, and completely interrupts the flow of your life and view of yourself. If you have been involuntarily committed to inpatient care in the past and have lost what you owned, lost a lease or a job, think about seeking help as soon as you know something is wrong. Try to go to a Comprehensive Care Provider or the Facility Based Crisis Center in Kannapolis or call ACCESS and ask for help: 1-800-939-5911.

To read about involuntary commitment of substance abusers to facilities for substance abuse treatment, see [G.S. 122C-281(a)]. To read about Outpatient Commitment for persons deemed mentally ill, read G.S. 122C-265.