The Legal Rights of Patients Under New Jersey's Involuntary Commitment Laws
- Alexander J. Kemeny
- 3 days ago
- 4 min read
Patients' Rights in the Garden State: Navigating New Jersey's Involuntary Commitment Laws
What is Involuntary Commitment?
Involuntary commitment to a psychiatric facility in New Jersey occurs when a court orders an individual to stay at the facility against their will. At time, a person’s mental illness can make the individual a dangerous to themselves or others. Under such circumstances, if they are unwilling to voluntarily accept treatment, involuntary commitment to a mental health facility may be compelled under New Jersey's involuntary commitment laws. N.J.S.A 30:4-27 mandates a particular process for an involuntary commitment to be followed that is intended to protect the personal rights of the person facing an involuntary commitment.
What Are the Criteria for Involuntary Commitment in New Jersey?
To be involuntarily committed, the following conditions must be met:
The individual is mentally ill.
The mental illness makes the individual dangerous to themselves, others, or property. N.J.S.A. §§ 30:4-27.2(h) and -27.2(i).
Suitable facilities or services are not available 1. (See R. 4:74-7 (b) (3)(A)).
What Are the Steps in the Involuntary Commitment Process?
The involuntary commitment process is ordinarily started through one of New Jersey's multiple centers, which include certain general hospitals and short-term care facilities, or through and independent application involving two clinicians. A court will then issue a temporary order for inpatient treatment if it finds that there is probable cause to believe the individual needs such treatment and schedule an initial commitment hearing within 20 days of the screening certificates.
Screening Service Evaluation
New Jersey has multiple screening centers, including certain general hospitals and short-term care facilities. Individuals may be brought to a screening service by family members, emergency responders, or law enforcement. The screening service evaluates the individual's mental health and may keep them for up to 24 hours. If the individual is deemed a danger to themselves or others, they may be referred to an inpatient psychiatric facility for involuntary admission (See N.J.S.A. § 30:4-27.4).
After referral from a screening service, a facility can keep an individual for up to 72 hours. During this time, the facility must initiate court proceedings for involuntary commitment and obtain a temporary court order. The court must issue this order within 72 hours of the referral. (See R. 4:74-4(b)(1)).
Independent Application
If a screening service is not used, involuntary commitment proceedings can begin with an application supported by two clinical certificates, one of which must be a psychiatrist. There can be no involuntary commitment to treatment prior to the entry of a temporary commitment order. (See R. 4:74-4(b)(2)). These certificates must be filed with the court. (See N.J.S.A. §§ 30:4-27.2(b) and 30:4-27.10).
Temporary Court Order and Initial Commitment Hearing
The court issues a temporary order if there is probable cause to believe the individual needs inpatient treatment. The initial commitment hearing must be scheduled within 20 days of the screening certificate. (See R. 4:74-7(c)).
What Rights Does a Persona Have at an Initial Commitment Hearing?
The initial hearing must occur within 20 days of the individual's admission. At this hearing, the individual has the right to be present, have an attorney, request an in-camera hearing (private hearing), and to testify. (See N.J.S.A. § 30:4-27.14 and 4:74-7.) Family members may attend and testify on the individual's behalf. The judge's decision must be supported by testimony from a psychiatrist on the treatment team. (See R. 4:74-7(e))
In addition to having the right to an attorney and the right to testify, the individual has the right to present evidence, cross-examine witnesses, and request that your family members testify at the hearing.
At the end of the hearing, the judge will sign an order. (See N.J.S.A. § 30:4-27.15 and R. 4:74-7(h)). This order may be discharge, continued involuntary commitment, or convert the patient’s status to Conditional Extension Pending Placement (CEPP).
CEPP is a legal status for patients in psychiatric facilities when a court has decided that the person no longer meets the standard for involuntary commitment, but there are no appropriate available housing placements for the person within the community. A person under CEPP status will be kept at the psychiatric hospital until an “appropriate placement” is found. People under CEPP status have the right to due process and attorney.
What Procedures and Protections Exists After the Initial Commitment Hearing?
After the initial hearing, the judge is required to schedule a subsequent hearing. (See N.J.S.A. § 30:4-27.15(a)). Periodic review hearings are required at three, nine, and twelve months, and then annually. (See N.J.S.A. § 30:4-27.1) Individuals have the right to receive notice of pending hearings. (See N.J.S.A. 30:4- 27.13(a)). They also have the right to request more frequent hearings, but the court usually will usually not schedule hearings less than 30 days apart, unless there are extraordinary circumstances. (See N.J.S.A. 30:4-27.16).
Contact Experienced Mental Health Law Attorneys
If a family member or loved one is facing involuntary commitment to an inpatient psychiatric hospital in New Jersey, it's crucial to understand the person's legal rights and options. At Kemeny, Ramp & Renaud, we are dedicated to providing compassionate and effective legal representation. Our experienced mental health advocacy attorneys know New Jersey mental health law and are here to guide you through this challenging time. Don't navigate this complex legal process alone. Contact Kemeny, Ramp & Renaud today for a consultation and let us help you achieve the best possible outcome.