Mental Health Commitment FAQ

What can I do if I don't know where to find the person?

You need to know where the person is so you can contact the appropriate county mental health center, and so that law enforcement knows where to pick the person up with an Order of Detention. Law enforcement is not required to search for the person.

How long is an Order of Detention in effect?

72 hours.

I have already talked to Mental Health and they won't do anything. Can the Probate Judge commit the person?

No. The Probate Judge cannot issue an Order of Detention except upon a written affidavit screened by the Lexington County Community Mental Health Center, as provided by State law.

Are you saying that the Probate Judge cannot commit a person to the hospital for emergency treatment?

That is correct. Only a licensed physician can commit the person for emergency treatment, and that must be based upon a Certificate of Licensed Physician. The Probate Judge can only order law enforcement to pick up the person to be examined by a physician for this purpose based upon a sworn written affidavit of the Lexington County Community Mental Health Center. That's why it is so imperative that you contact them. If you call the Probate Court first, we can only refer you to Mental Health since State law requires them to provide preadmission screening for all mental health and substance abuse emergencies.

I am concerned about a person that is in need of emergency treatment, but is presently in jail. Can I get an order from the Probate Court to get him out of jail and into a treatment facility?

No. The Probate Court can only issue an Order of Detention authorizing the person to be picked up by law enforcement to be taken to a physician. However, in this case, the person is already in custody of law enforcement and a physician is already available. You should relay your concern to an emergency counselor at the Lexington County Community Mental Health Center. They will contact the detention facility. A physician is available to screen detainees to determine whether they are in need of emergency treatment.

How can I contact the Probate Court if I have any other questions?

You are welcome to call the Probate Court's Mental Health Clerk. These laws are somewhat complex, and we are always happy to answer questions you may have involving these very sensitive matters.

Are Probate Court records involving commitment matters confidential?

Yes. They are protected by State confidentiality and privacy laws.