Horton Law Offices, LLC
3800 American Blvd. West
Suite 1500
Bloomington, MN 55431

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952-922-8220 Office
612 209-6607 Cell
612 435-9941 Fax

mark@hortonlawmn.com

Mark Horton at Horton Law Offices LLC provides Criminal Defense, DUI & DWI defense, Civil Commitment defense legal services in Minneapolis and throughout Minnesota. 

 

The Civil Commitment Process

The civil commitment process begins with a request to file a petition for commitment. Generally, either a family member or the treating hospital serves as the petitioner. The petitioner requests that the patient be placed involuntarily under the care and supervision of a hospital or regional treatment center because of one of the six reasons discussed above.

This request for petition and all of the attachments that describe the patient's recent behavior and reasons supporting commitment are forwarded to the County pre-petition screening team. This team reviews the petition, investigates the allegations, interviews the patient and other interested persons and reviews the patient's records.

After collecting and reviewing all relevant information, the team determines whether to continue the commitment process. If the team rejects the petition, it is sent back to the petitioner who may appeal this decision directly to the County Attorney's Office. If the team recommends commitment, it drafts a report summarizing all of its investigations and submits this to the Civil Commitment Unit of the County Attorney's Office.

An Assistant County Attorney reviews the petition, all the attachments, and the pre-petition screening report to insure that all of the requirements necessary for a valid commitment are met and that there is sufficient evidence to prove the underlying behaviors and that commitment is the least restrictive alternative available to the patient. If the County Attorney's Office approves the petition, the matter is set for a pretrial hearing.

Once a petition is filed for the commitment of a patient, an attorney is selected from a pre-appointed panel to represent the patient throughout the commitment process. The patient also has the option of hiring their own private attorney. This attorney is an advocate for the patient's interests and informs the patient about the commitment process and the law.