Requirements for Civil Commitment for Individuals with Psychosis in Oregon
Sometimes people experiencing psychosis become involved in the civil commitment process. Knowing your state’s laws on civil commitment can help yourespond in ways that protect your rights and safety.
The requirements for and process of civil commitment are different in each state. This handout provides information specific to the state of Oregon. It is important to know that, in Oregon, the civil commitment requirements for people with diagnoses of schizophrenia or manic-depression are different from those who do not.
This handout is not intended to provide a substitute for legal advice.
What is civil commitment?
Civil commitment is a process in which a judge decides someone who is alleged to be mentally illis required to accept mental health treatment for up to 180 days.
Types of mental health treatment can include participating in a mental health outpatient program or going to a psychiatric hospital. A civil commitment is not a criminal conviction and will not go on a criminal record.
The purpose of civil commitment should always be to protect the safety of the individual or others.
What can lead to civil commitment?
In order for someone to be civilly committed in the state of Oregon,they must be:
- Proven to be a danger to themselves or others.
- Proven to be unable to provide for basic personal needs and not receiving care necessary for their health and safety.
In order for someone to be hospitalized for not being able to provide for basic personal needs, they must also:
- Be diagnosed with a mental health disorder that is considered chronic (long-lasting).
- Have had two hospitalizations in the past three years;
- Have similar symptoms/behaviors that led to the previous hospitalizations, and
- Will continue to physically or mentally deteriorate if untreated.
Being considered a danger to self includes intense suicidal ideation with plans and means (the person is saying they are planning to kill themselves and have a lethal way to do it). It can also mean that there is high probability that a person may accidentally harm themselves because of symptoms (e.g., a person who walks into oncoming traffic because they believe they are immortal).
Danger to others means that it is determined that the person intends to harm someone else (the person is saying they are going to harm someone and have a lethal way to do it). It can also mean it is considered highly likely that they will accidentally hurt someone due to symptoms.
Imminence: In all of these cases, it must be proven that the harm to self or others or inability to care for oneself leads to imminent danger. This means that, without treatment, the person will be in immediate and urgent danger.
What are the requirements for civil commitment for people diagnosed with schizophrenia or manic-depression (e.g,. Bipolar I with Psychotic Features)?
It is important to know that, in Oregon, the civil commitment requirements are different for people“diagnosed as having a major mental illness such as schizophrenia or manic-depression” (Addictions and Mental Health Services of Oregon)
- The person with one one of these diagnoses has been committed and hospitalized twice in the past three years;
- Is showing similar symptoms and/or behavior that led to the last hospitalization.
- There is evidence that, if untreated, the person will be a danger to themselves or others or unable to provide for basic needs.
This can make it easier for a judge to commit people with these diagnoses and a history of hospitalizations. However, there must be evidence that the symptoms are similar to the previous hospitalizations, and that the person must still be considered a danger to themselves or others. A person should not be committed based only on having these diagnoses.
Tip: Having access to your own medical and mental health records can give you more protection and more ability to argue your case in court. It is your right under the Health Information Privacy Act (HIPAA) to access and be given copies of these records.
For more information…
For a detailed breakdown of the civil commitment process – including who can initiate it and the rights of individuals oncethe petition has been filed - please visit
Additional materials can be found in the Acute Care section of the National Collaborative Toolkit at the EASA Center for Excellence, and in the references section of this handout.
References
Disability Rights Oregon (2012) . Mental Health Law in Oregon, 4th ed. Retrieved from:
“Civil Commitment” - Addiction and Mental Health Services at Oregon.gov. Retrieved from: