An involuntary committal is an action through the court in which a client is ordered by the court to attend treatment.
A physical by a medical physician and an evaluation (from a counselor not employed by this facility) are conducted. This information is filed with the petition for an involuntary committal.
The client then has to make an appearance in front of a judge and either admit to or deny the petition. If a client admits to the petition, the judge usually goes along with the recommendation for treatment and orders the client to complete whatever treatment program has been specified in the petition.
If a client denies the petition, a hearing is set for a later date within ten days of the initial court appearance. The state then has to prove that the client is in need of treatment. The examining physician, the counselor who did the evaluation, family members who are interested in getting the client help, and anyone else who is knowledgeable with the case will testify for the commitment. The client is also able to call witnesses on his/her behalf.
If the state proves that the need for the commitment exists, the court then orders the client to treatment. If it is proven that the need does not exist, the case is then dismissed and the client is free to go.
An involuntary committal cannot exceed 90 days from the time the client attends the court hearing.
If you are seeking an Involuntary Committal of an individual not located in Pennington County, please contact the States Attorney's Office in that county for further assistance.