Due Process Protections in Involuntary Civil Commitment

[摘要] civil commitmentdue processburden of proofclear and convincinginvoluntary hospitalizationED boardingDue Process Protections Shall Be Afforded to Individuals Facing Involuntary Civil Commitment and the Burden of Proof for Civil Commitments is Clear and Convincing EvidenceIn A.S. v. LincolnHealth, 246 A.3d 157 (Me. 2021), the Supreme Judicial Court of Maine ruled that the superior court erred in finding that hospital LincolnHealth did not violate Maine statutory procedure for emergency involuntary hospitalization. A.S. presented evidence that at no time during his involuntary thirty-day emergency department (ED) detention was a judicial authorization obtained by the hospital, as Maine's statute required. The court also ruled that the superior court violated A.S.'s due process rights by applying the standard of preponderance of the evidence, rather than clear and convincing evidence, to determine dangerousness at the time of A.S.'s habeas hearing.

[学科分类] 儿科学

[关键词] civil commitment;due process;burden of proof;clear and convincing;involuntary hospitalization;ED boarding