When a loved one suffers from a severe mental health issue or substance use disorder, it can be frightening and frustrating, especially if they refuse to seek help. Fortunately, there are certain legal ways under Georgia law that families can access involuntary treatment for their loved ones if they pose a danger to themselves or others.
Understanding how the process works is an important first step for family members who have encountered this very difficult scenario. This guide will serve as an explanation of how involuntary commitment and involuntary treatment work in Georgia, the laws that govern these processes, and what comes next.
What Is Involuntary Treatment?
Involuntary treatment is the treatment of an individual with a mental health condition or substance use disorder, without their consent, usually carried out through a court order. The individual must be experiencing a mental health crisis, present a clear danger either to themselves or others, and be either unable or unwilling to seek help voluntarily.
Involuntary treatment in the state of Georgia follows the rules outlined in the Georgia Code, Title 37, which covers mental health, intellectual disabilities, and addictive diseases.[1] The laws governing involuntary commitment outline the criteria used to determine eligibility, the steps required for placing an individual in involuntary commitment, and the rights of individuals throughout that process.
Involuntary treatment is not meant to be long-term and does not guarantee recovery. What it can do is establish a means of safety during a crisis and, in some cases, create an opening for that person to begin seeking help voluntarily.
Who Can Be Involuntarily Committed in Georgia?
Under Georgia law, a person can be involuntarily hospitalized if they are determined to be a “mentally ill person requiring involuntary treatment.”
This requires the individual to meet all of the following criteria:
- They have a mental illness or substance use disorder
- They present a risk of imminent harm to themselves or others due to their mental illness or substance use disorder, or are so unable to care for themselves that they are at risk of significant harm
- They lack the insight or capacity to make a rational, informed decision to seek voluntary help.
It is worth noting that unusual behavior, a lifestyle different from the norm, or a family member’s disagreement over someone’s choices does not automatically qualify a person for involuntary treatment. The criteria for involuntary commitment have been clearly established to both protect the person’s rights and to intervene during an emergency situation.
How the Involuntary Commitment Process Works in Georgia
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Filing an Affidavit With the Probate Court
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The process for involuntary commitment begins with the filing of an affidavit with a probate court in the county of the individual’s residence. Any adult who has personal knowledge of the person’s condition — including a family member, a licensed professional counselor, a clinical social worker, a clinical nurse specialist, or another qualified provider — can file the affidavit.
The affidavit must include a description of the behaviors and circumstances indicating that the individual meets the legal standard for involuntary treatment. Once the affidavit is filed, the probate court judge will review it and, if it appears that the individual meets the legal standard, will sign an order for that person to be evaluated at an emergency receiving facility or psychiatric hospital.
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Emergency Intervention by Law Enforcement
When there is an immediate risk of harm, and the situation does not allow time to file the affidavit, law enforcement officers may take a person into custody and transport them to an emergency receiving facility for evaluation. This method is most often used when the individual is in a state of acute crisis — for example, a person who is threatening to harm themselves or others, or who exhibits severe symptoms of psychosis such as hallucinations, delusions, and disorganized thinking and speech.
A physician or other authorized provider at the emergency receiving facility may also initiate an emergency evaluation and hold the person for a period of time while a formal assessment is completed and further steps are determined.
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Evaluation and Hospitalization
Once the person has been taken to an emergency receiving facility or psychiatric hospital, a clinical assessment is conducted by qualified health care professionals — including physicians, psychiatrists, and clinical nurse specialists — to determine whether the individual meets the criteria for involuntary inpatient treatment. The chief medical officer or designee at the facility makes the final determination.
If the individual meets the criteria, they may be held for additional treatment. Georgia state law establishes time limits at each stage of the involuntary commitment process, and hearings are held to determine whether an individual remains involuntarily committed beyond the initial evaluation period. Throughout the process, individuals retain their legal rights, including the right to legal counsel.
Involuntary Outpatient Treatment in Georgia
Involuntary outpatient treatment, also sometimes referred to as assisted outpatient treatment, is the provision of mental health or substance abuse treatment on an outpatient basis as ordered by a court. A court will ordinarily order involuntary outpatient treatment for an individual who does not meet the standard for involuntary inpatient treatment but whose condition and non-compliance with treatment create a risk of deterioration.
A court order for involuntary outpatient treatment may set forth a treatment plan including therapy, medication management, and regular check-ins with treatment providers.
The Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD) oversees the state’s public behavioral health system and can be a valuable resource for information about publicly funded outpatient treatment programs and services in Georgia, including in the Atlanta metropolitan area.
The Role of Family Members in Involuntary Treatment
The decision to involuntarily commit a loved one who is suffering from untreated mental illness or substance use disorder is never a simple choice.
It is often made after much discussion and encouragement to pursue voluntary treatment, and after multiple crises, which can lead to feelings of helplessness, hopelessness, and despair. Family members need to understand that initiating involuntary treatment does not mean abandoning a loved one; rather, it means refusing to stop supporting them. It is an act of love carried out under desperate conditions, and can often be the catalyst for change.
However, this process can create emotional turmoil and complex feelings. The person being committed may feel betrayed, angry, and afraid. The family relationship may be strained, not just between the person being committed, but among other members of the family.
This is why family members need support through therapy, support groups like NAMI’s Family Support Group, or consultation with a mental health professional, in order to sustain themselves while supporting their loved one during treatment.
Limitations an Challenges of Involuntary Treatment
Involuntary commitment is a powerful tool for addressing mental health and substance use issues when your loved one won’t, but it is important for families to understand that involuntary commitment is not without its limitations.
The legal requirements for involuntarily committing someone are quite rigid. Merely having a history of substance use or mental illness is not enough grounds for involuntary commitment. In order to involuntarily commit a person, there must be sufficient evidence that the person is an immediate danger to themself or others, or that they are severely unable to care for themselves. Many families discover that their loved one is unable to meet the required legal criteria, even if the situation is extremely desperate.
Even though involuntary treatment will stabilize a person and ensure their immediate safety, it does not address the underlying mental illness or substance use disorder. In nearly every case, following the end of their hospitalization period, that same person must voluntarily continue with ongoing treatment in order to sustain recovery. There is also a risk that the experience can damage trust in ways that may hinder the ability to access future voluntary treatment — a potential risk that families should be aware of prior to pursuing this option.
What Comes After Involuntary Treatment?
The transitional period following involuntary commitment is the most critical.
If there is any openness to further treatment, it is extremely important that families act quickly to connect their loved one with outpatient and intensive outpatient (IOP) treatment and, if necessary, ongoing mental health care and medication management, as soon as possible after discharge
Families also need to use this transitional period to pursue their own support, establish their own boundaries, and think carefully about how to maintain a supportive relationship with their loved one while avoiding enabling behaviors.
At Marietta Springs, our goal is to support families and individuals who experience a mental health crisis and the aftermath of an involuntary commitment. Our outpatient, IOP, and partial hospitalization programs provide evidence-based treatment for individuals with co-occurring mental health and substance use disorders in a non-judgmental, recovery-oriented environment.
If you would like to take the next step, reach out today. Our team is here to answer your questions and connect you with the help you need.
Please note: The information in this article is intended only as general information and does not provide legal or medical advice. Individual situations, as well as the laws and regulations surrounding involuntary commitment, are complicated and will change over time. If you are considering pursuing involuntary commitment for a loved one, we strongly encourage you to consult with a qualified attorney and a licensed mental health professional who can provide guidance specific to your situation.
