Mental Hygiene

Any adult may apply for an individual's involuntary hospitalization if the respondent is not incarcerated.

 Mental Hygiene packets may be obtained at the Circuit Clerk's office.

No. The judicial officer talks with both parties to a case at the same time, and is required to decline to speak with you or others about the case, execpt for scheduling matters. The hearing, when all are present, is the proper place for you to speak with the judicial officer.

The application will be forwarded to a mental hygiene commissioner who will review it. The judicial officer will either deny it or etner an order to have the person to be examined taken into custody by the sheriff and examined by a physician or other mental health professional. If the examination does NOT reveal addiction or mental illness and likelihood to cause serious harm to self or others resulting from mental illness or addiction, the individual will be released and the case dismissed. Otherwise, a probable cause hearing will be held before the judicial officer at FMRS in Union. In many cases the hearing will be held immediately after the examination. Make sure you are avaiable and have provided information on the application where you can be immediately reached and notified as to where and when the hearing will take place.

What occurs at the hearing may vary, but generally the proceeding will be less formal than most courtrooms. The judicial officer will call upon you to testify. You should be prepared to present and explain what occured which led you to file the application and the facts you put in the application especially those which indicate the individual (now called the Respondent) is more likely than not mentally ill or addicated and likely to cause serious harm to self or others. You will also need to bring with you any other evidence or witnesses you want to present. The Respondent will also be present and have an appointed attorney. You and any witness you may call to testify may be asked questions by the Respondent's attorney and the Judicial officer. You may also ask questions of the Respondent. You may question the physician or mental health professional who testifies about the examination made of the Respondent. The judicial officer will make a decision at the end of the hearing.

No, he or shee has the right to remain silent.

It is the liberty interests of the Respondent at stake. The Respondent may be forced into treatment in a locked facility against his or her will.

The prosecuting attorney or his or her assistant MAY appear at the probable cause hearing. IF the prosecutor deems it in the public interest to be at the hearing. You are not required to have a lawyer at the first hearing. You may contact your local prosecutor if you believe it is in the public interest for an attorney from that office to appear at the probable cause hearing, and wish to discuss this with the prosecutor.

 No, only the Respondent has a right to request the hearing be postponed up to 48 hours.

The Respondent will either be placed in a mental health or addiction treatment facilty for inpatient treatment for up to a maximum of 30 days before another hearing is held, or may be released immediately or later for outpatient treatment by an agreement for treatment called a Voluntary Treatment Agreement.

No, unless the Respondent enters into a Voluntary Treatment Agreement approved by the Court. Admission for involuntary inpatient treatment can be in facilities throughout the state, depending upon bed space available and the type of treatment needed, including the state psychiatric hospitals in Weston or Huntington. The Respondent will not necessarily be treated in the local community or near home, and will generally be placed at the first available appropriate facility.

The maximum inpatient stay is 15 days unless a request is made by the mental health facility for a final commitment hearing.

NO! Under West Virginia law the patient may be billed for the costs of treatment. Any insurance of the patient may be billed. The estate of the patient may be billed if deceased or if the patient has a committee or guardian/conservator. If that is insufficient, then the patient's wife or husband may be billed. If the patient is a child, the father and mother may be billed. Inpatient treatment is very expensive, so billings for involuntary treatment can be quite costly.