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## STANDARD OPERATING PROCEDURES: S.O.P. 2-9 (Continuation) ### A. Types of Admissions: * Voluntary * Involuntary ### B. Types of Voluntary Consent: Incompetent to consent to treatment means a person's judgment is so affected by their mental illness that the person lacks the capacity to make a wel...
## STANDARD OPERATING PROCEDURES: S.O.P. 2-9 (Continuation) ### A. Types of Admissions: * Voluntary * Involuntary ### B. Types of Voluntary Consent: Incompetent to consent to treatment means a person's judgment is so affected by their mental illness that the person lacks the capacity to make a well-reasoned, willful and knowing decision concerning their medical or mental health treatment. Express and informed consent means consent voluntarily given in writing by a competent person, after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. Persons 60 years of age or older living in a licensed facility generally cannot be voluntary unless they have had an assessment of their competence to provide express and informed by an independent professional prior to being moved from their residence. Persons adjudicated by a court as incompetent or persons for whom a health care surrogate/proxy is currently making health care decisions cannot be voluntary. ### C. Criteria for Involuntary Examination: A person may be taken to a receiving facility for involuntary examination if there is reason to believe that he or she has a mental illness and because of his or her mental illness: * The person has either refused voluntary examination or is unable to determine for himself or herself whether examination is necessary, and Either: * Without care or treatment, the person is likely to suffer from neglect or is likely to refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or * There is substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior. ### D. Initiation of an Involuntary Examination can be Initiated by: * Law Enforcement Officer * Circuit Court * Ex parte order * Physician
