Substance Abuse & Mental Health - DSAMH

Civil Commitment

Civil Commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital (inpatient), or in the community (outpatient). All citizens have civil liberties that need to be protected under both federal and state laws, so following “due process” is of paramount importance. The civil commitment process is a system to provide treatment to a vulnerable population. Treatment is not punishment! The state may need to deprive someone of their civil liberties because they pose a danger to self or others due to mental illness.

Child/Adolescent Process

A separate and distinct process for the civil commitment of a child/adolescent exists in Utah statute and rule. Separate criteria, paperwork and procedures are also used. In the commitment of a child/adolescent, the Designated Examiner may also be referred to as a Neutral & Detached Fact Finder (NDFF). The person acting in this capacity should not be involved in the child’s treatment. 62A-15-703(2) & 62A-15-703(3)(a).

Child/Adolescent Forms

Form Description Statute Updated DE Req?
Application (Involuntary Initial)
Petition for Commitment of Physical Custody of Child to the Local Mental Health Authority
Form 0001
Used to initiate civil commitment proceedings 62 A-15-703 (1)(2) 2012 No
Notice of Proceeding of Child for Commitment of Physical Custody to the Local Mental Health Authority
Form 0003
Notice to child and appropriate others that an application has been filed and a hearing has been set 62A-15-703(5)(b) 2012 No, but often do
Commitment of Physical Custody of Child to Local Mental Health Authority Proceeding (2 pages)
Form 0005
DE (NDFF) report of commitment proceeding 62A-15-703 2012 Yes
Application (Emergency)
Emergency Application for Commitment of Child Without Certification (The Pink Sheet) (2 pages)
Form 0029
Peace officers or mental health officer may use this form to temporarily hold an individual for 72 hours (Two sided. Printed on pink paper.) 62A-15-703(6) and 62A-15-629 (2) 2012 No
Emergency Application for Commitment of Child With Certification (The Blue Sheet) (2 pages)
Form 0031
Allows an individual to be temporarily held for 72 hours. Requires certification by MD or DE (Two sided. Printed on blue paper.) 62A-15-703(6) and 62A-15-629 (1) 2012 Yes, but not required
Commitment (Release)
Notice of Discharge From Commitment to the Local Mental Health Authority of a Child
Form 0067
LMHA uses form to discharge a child from commitment 62A-15-703(13) and 78A-6-120(6) 2012 No

Adult Process

The requirements for adult civil commitment require an examination by a “Designated Examiner.” If the examination reveals that a person meets the “substantial danger” criteria, a court of law orders them to be committed to the care of the local mental health authority, to receive the appropriate treatment.

Adult Forms

Form Description Statute Updated DE Req?
Admission (Voluntary)
Application for Voluntary Admission to Local Mental Health Authority
Form 35-1
For individuals 18 years and older to admit self to LMHA 62A-15-625 2012 No
Request for Release from Admission to Local Mental Health Authority
Form 31-1
Voluntary patient may use this to request release (Release may be postponed up to 48 hours) 62A-15-627 2012 No
Notice of Denial of Request for Release from Local Mental Health Authority
Form 31-2
LMHA notice to patient denying request for release 62A-15-627 2012 No
Application (Involuntary Initial)
Application for Order of Involuntary Commitment (2 pages)
Form 36-1
Form used to initiate involuntary civil commitment proceedings (Two sided. Must be notarized.) 62A-15-631(a)(b) 2013 Yes, but not required
Report of Local Mental Health Authority/Designee of Examination Upon Admission
Form 36-8
Used as part of the application for civil commitment process 62A-15-631(3) 2012 No
Order to Determine Existing Facts and Report of Existing Facts (2 pages)
Form 36-2
The court may require this information before issuing an order of detention (Court Form 1st Page) 62A-15-631(2) 2012 No
Order for Commitment and/or Detention Pending Hearing and/or Examination
Form 36-5
Court order which allows individual (proposed patient) to be detained prior to hearing (Court Form) 62A-15-631(3) 2013 No
Order Fixing Day and Notice of Hearing
Form 36-9
Court notice to proposed patient and appropriate others of pending hearing (Court Form) 62A-15-631(5) 2012 No
Notice to Patient of Commencement of Proceedings For Involuntary Commitment
Form 36-3
Court notice to proposed patient that an application for civil commitment has been filed and that designated examiners will be appointed (Court Form) 62A-15-631(4) 2012 No
Order Appointing Designated Examiners and Report of Examination
Form 36-6
LMHA uses form to discharge a child from commitment 62A-15-631(8)(c) 2012 No
Order Appointing Legal Counsel
Form 36-18
Court order appointing legal counsel for proposed patient (Court Form) 62A-15-631(9)(a) 2012 No
Designated Examiner Report to the Court (3 pages)
Form 36-19
Designated Examiner report to court (AKA Report of Examination by Designated Examiner and Report of Designated Examiner) 62A-15-631(10) and 62A-15-632 2012 Yes
Notice to Drop Commitment Proceedings Prior to a Hearing
Form 36-15
LMHA’s can use this form to discontinue the civil commitment process prior to the hearing 62A-15-631(8)(c) 2012 No
Application (Emergency)
Emergency Application for Involuntary Commitment Without Certification (The Pink Sheet) (2 pages)
Form 34-2
Peace officers or mental health officer may use this form to temporarily hold an individual for 24 hours (Two sided. Printed on pink paper) 62A-15-629 (2) and (3) 2012 No
Emergency Application for Involuntary Commitment With Certification (The Blue Sheet) (2 pages)
Form 34-1
Allows an individual to be temporarily held for 24 hours. Requires certification by MD or DE (Two sided. Printed on blue paper.) 62A-15-629 2012 Yes, but not required
Commitment (Orders)
Initial Findings and Order of Commitment
Form 36-10
Court order on initial civil commitment hearing (Court Form) 62A-15-631(10) 2012 No
Commitment (Continuations)
Notice of Continuation of Indeterminate Commitment
Form 36-14
LMHA uses this form for review of commitment criteria for patients under an indeterminate commitment (Must be completed every six months) 62A-15-631(11)(c) 2012 No
Commitment (Release)
Notice of Discharge From Judicial Order of Commitment
Form 42
LMHA can discharge patient from order of commitment 62A-15-636 2012 No
Notice of Conditional Release
Form 43-1
LMHA uses this form to notify court that patient has been conditionally released to a less restrictive setting and has agreed to tx plan 62A-15-637 2012 No
Transfers
Notice of Transfer of Patient
Form 41
LMHA uses this form to notify court that a committed patient has been transferred to a different treatment unit 62A-15-637(1) 2012 No
Order of Placement Into a More Restrictive Environment (2 pages)
Form 43-2
LMHA can place a patient in a more restrictive setting (Patient may request a court hearing within 30 days of placement into a MRE) 62A-15-637(2) 2014 No
Findings and Order Upon Return to a More Restrictive Environment
Form 43-3
Court order which agrees or disagrees with LMHA placing a patient into a MRE (Court Form) 62A-15-637 2012 No
Order of Transfer
Form 36-13
Allows Court to transfer the case to another district court (Court Form) 62A-15-631(7) 2012 No
Additional Forms
Findings and Order Upon Review Hearing
Form 36-11
Court order on review civil commitment hearing (Court Form) 62A-15-631(11) and 632 2012 No
Order of Dismissal
Form 36-12
Court order of dismissal (Court Form) 62A-15-631(10) 2012 No