Pa. Code 5100.85

Standards

This regulation establishes the clinical and legal standards for determining whether emergency involuntary commitment (Section 302) or court-ordered commitment (Section 304(c)) is appropriate under Pennsylvania's Mental Health Procedures Act. It directs evaluators to assess factors such as imminence of danger, need for immediate intervention, and the person's ability to meet their own needs when applying the 'severe mental disability and present danger' standard. Facility operators and clinicians involved in involuntary commitment proceedings must apply these criteria to justify the level of commitment sought.

55 Pa. Code § 5100.85 - Standards 

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The standards of section 301 of the act (
50 P. S. §
 
7301
), for determination of severe mental
 disability and present danger are to be applied so as to determine whether
 emergency commitment is necessary under section 302 of the act (
50 P. S. §
 
7302
), or whether a court-ordered commitment
 under section 304(c) of the act (
50 P. S. §
 
7304(c)
), is
 appropriate:

(1)
 The application of the
 standards in section 301 of the act, for emergency commitment, including the
 requirement of overt behavior, shall be based at least upon the following
 factors:
(i)
 There is a definite need for
 mental health intervention without delay to assist a person on an emergency
 basis;

(ii)
 The clear and present
 danger is so imminent that mental health intervention without delay is required
 to prevent injury or harm from occurring;

(iii)
 There is reasonable probability that if
 intervention is unduly delayed the severity of the clear and present danger
 will increase; or

(iv)
 There is
 reasonable probability that the person, with his presently available supports,
 cannot continue to adequately meet his own needs if mental health intervention
 is unduly delayed.

(2)
 The
 application for the standards under section 301 of the act for a court-ordered
 commitment, including the requirement of overt behavior under section 304(c) of
 the act (
50 P. S. §
 
7304(c)
), shall be based
 upon the following factors, among others:
(i)

 There is no emergency basis and mental health intervention may be
 delayed;

(ii)
 The clear and present
 danger is not so imminent that intervention without delay is necessary to
 protect life and limb;

(iii)
 There
 is reasonable probability that the severity of the clear and present danger is
 sufficiently low that emergency intervention without delay is unnecessary;
 or

(iv)
 There is reasonable
 probability that the person can continue to meet his needs; however,
 marginally, by utilizing his presently available supports until a hearing under
 section 304 of the act (
50 P. S. §
 
7304
), can be
 conducted.

Notes

55

 Pa. Code §
 
5100.85

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