When someone’s mental health crisis endangers themselves or others, there are options that don’t involve a call to the police and the risk of incarceration. That’s the aim of laws governing involuntary mental health treatment, which exist in all 50 states and many other countries.
In theory, it’s simple: If a behavioral crisis puts someone in jeopardy, some well-meaning person can start a civil process that leads to treatment.
In practice, involuntary mental health care is fraught with difficult questions about individual rights, due process and interaction with other systems, from employment and child care to (sometimes) criminal court. And some who file a petition for involuntary treatment may not be well-meaning, said legal experts who described how the process can be misused or weaponized to control or punish a loved one…