13.1504 Causes for commitment.

(a) Mental illness or deficiency are not of themselves sufficient cause for involuntary confinement under this chapter. Only the following are specific causes for commitment:

(1) danger to others;

(2) danger to self; and

(3) inability to care for self to such a degree as to make continual care necessary.

(b) If the person to be committed is being committed due to the need for continual care and not because he is dangerous to himself or others, then all reasonable steps should be taken to attempt placement in the home of a responsible family member or friend.

(c) Upon satisfaction of the court by clear and convincing evidence that specific cause exists for commitment, the Court shall make an order as it considers in the best interest of the public and of the committed person for that person’s custody and transportation to the place of commitment. However, a commitment may not issue unless the court is satisfied that all reasonable alternatives short of commitment have been pursued and found to be ineffective.

History: 1980, PL 16-73 § 4, amd 1981, PL 17-12 § 1.

Research Guide: Addington v Texas, (1979), L. Ed. 2d, 323 99 Supreme Court 1804.