"RTC 50-state summary - Civil Commitment" State,Description,"Establishes right to counsel",Qualified Federal,"Federal statutory law requires the appointment of counsel for indigent defendants in federal civil commitment proceedings.",yes,No Alabama,"In Lynch v Baxley a federal court cited to decisions from other federal courts to hold that t he subject of an involuntary civil commitment proceeding has the right to the effective assistance of counsel at all significant stages of the commitment process Further he has the right to be advised of his right to counsel and to the appointment of counsel if indigent 386 F Supp 378 389 M D Ala 1974 The court added The right to counsel is a right to representative counsel occupying a traditional adversarial role Where state law requires or permits the appointment of a guardian ad litem such appointment shall be deemed to satisfy the constitutional right to counsel if but only if the appointed guardian is a licensed attorney and occupies a truly adversary position Id The injunction implementing this ruling was ultimately vacated in Lynch v Sessions 942 F Supp 1419 M D Ala Sept 30 1996 due to the enactment of Ala Code 22-52-4 a",yes,Yes Alabama,"Generally The involuntary commitment of an individual may be sought where the petitioner has reason to believe that the respondent is mentally ill Ala Code 22-52-1 2 a 3 In 2024 Alabama enacted SB 240 which expanded this provision to specify that involuntary commitment may also be sought upon belief that the respondent is mentally ill with a secondary diagnosis of co-occurring substance use disorder id defined as a substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses Ala Code 22-52-1 1 a 2 In involuntary commitment matters a respondent has the right to court-appointed counsel if they are unable to afford counsel or if they lack the capacity to secure an attorney At the time when any petition has been filed seeking the involuntary commitment of a respondent the probate judge shall determine if the respondent has the funds with which to employ an attorney to represent the respondent and if the respondent has the mental ability to secure the services of an attorney If the respondent does not have funds with which to employ an attorney or does not have the mental ability to secure the services of an attorney the probate judge shall appoint an attorney who may be the same person as the guardian ad litem to represent the respondent The probate judge shall immediately inform the attorney so appointed of his appointment Ala Code 22-52-4 a see also Ala Code 22-52-14 which addresses payment of appointed attorneys In any commitment proceeding the fees of any attorney appointed by the probate judge to act as advocate for the petition and any attorney or guardian ad litem appointed by the probate judge for the person sought to be committed shall be set at the rates established by Section 15 12 21 Involuntary commitment is defined in this area of the code as c ourt ordered mental health services in either an outpatient or inpatient setting Ala Code 22-52-1 1 6 so this provision applies to both civil commitment and involuntary medical treatment matters For petition er Another statute specifies that the judge shall appoint an attorney to serve as the advocate in support of the petition to commit in all matters regarding a petition to commit Ala Code 22-52-5 As to minors As to minors subject to involuntary commitment proceedings the court shall appoint an attorney to represent them and may also appoint a guardian ad litem Ala Code 12-15-405 b Unlike the provision applicable to adults involuntary commitment in the juvenile code refers only to the inpatient setting",yes,No Alaska,"The Alaska Supreme Court has held that the right to counsel extends to involuntary commitment proceedings pursuant to the due process clause of the Alaska Constitution See Wetherhorn v Alaska Psychiatric Inst 156 P 3d 371 Alaska 2007 In Wetherhorn the respondent challenged her 30-day involuntary commitment and the non-consensual administration of psychotropic medication Id at 373 She claimed that she was deprived of her right to counsel during the hearing because her counsel failed to deploy a number of strategies that may have been pertinent to her case Id at 383 The Court first explained that the right to counsel in Alaska Stat 47 30 725 d includes both the right to effective counsel and the right to challenge court orders based on a claim of ineffective assistance of counsel Id 1 The Court then added that because a respondent s fundamental rights to liberty and to privacy are infringed upon by involuntary commitment and involuntary administration of psychotropic medication proceedings the right to counsel in civil proceedings is guaranteed by the due process clause of the Alaska Constitution Id citing Alaska Const Art I 7 V F v State 666 P 2d 42 45 n 2 Alaska 1983 The Court also noted that the right to challenge a court order based on a claim of ineffective assistance of counsel derives necessarily from the right to the effective assistance of counsel Id at 384 1 Alaska Statute 47 30 725 d states that the respondent has the right to be represented by an attorney to present evidence and to cross-examine witnesses who testify against the respondent at the hearing",yes,No Alaska,"Indigent adult individuals have the right to counsel in mental health- and alcoholism-related civil commitment matters Indigent minors and the minor s parent or guardian have the right to counsel in mental health commitments Generally While Alaska Stat 47 30 725 d speaks of a right to be represented by an attorney in civil commitment proceedings other statutory provisions clarify that this is a right to appointed counsel First Alaska Stat 18 85 100 a the public defender statute provides a right to counsel to an indigent person against whom commitment proceedings for mental illness have been initiated Second during the initial involuntary commitment procedures upon petition by any adult the court must first order a screening investigation and within 48 hours after completion of that screening the court must appoint counsel if the court finds probable cause of mental illness Alaska Stat 47 30 700 a But where the threat of serious harm to self or others is of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47 30 700 the individual may be detained on an emergency basis at a crisis stabilization center pursuant to Alaska Stat 47 30 705 a The person may only be detained for a period not to exceed 23 hours and 59 minutes and must be examined within three hours of their arrival Id If after the examination the crisis stabilization center files an ex parte application to detain or evaluate the individual that is granted by the court the court must appoint an attorney to represent the respondent Alaska Stat 47 30 707 b An individual may also be brought to a crisis residential center in an emergency and after the initial examination a mental health professional may file an ex parte application for admission if a judicial order has not been obtained under AS 47 30 707 Alaska Stat 47 30 708 c If the court finds probable cause and grants the application it shall appoint an attorney to represent the respondent Id As to alcoholism There is a right to counsel for indigent individuals subject to commitment due to alcoholism at every stage of the proceedings Alaska Stat 47 37 200 speaking of the right to be represented by counsel at every stage of the proceedings relating to commitment and recommitment to have counsel appointed by the court or provided by the court if the person is unable to obtain counsel As to minors Generally When civil commitment of a minor is sought the minor s indigent parents have the right to counsel in the proceedings and representation is provided by the office of public advocacy Alaska Stat 47 30 775 as parties the minor s parents or guardians are entitled to retain their own attorney or have the office of public advocacy appointed for them by the court Alaska Stat 44 21 410 a 3 t he office of public advocacy shall provide legal representation to indigent parents or guardians of a minor respondent in a commitment proceeding concerning the minor under AS 47 30 775 The minor respondent in such proceedings also has the right to counsel since the provision governing commitment of minors incorporates the provisions applicable to adults Alaska Stat 47 30 775 The provisions of AS 47 30 700 - 47 30 815 apply to minors A minor respondent has the same rights to waiver and informed consent as an adult respondent under AS 47 30 660 - 47 30 915 however the minor shall be represented by counsel in waiver and consent proceedings Substance abuse No procedure for commitment based on substance abuse alone Unlike the Article covering Involuntary Admission for Treatment the Uniform Alcoholism and Intoxication Treatment Act does not have a section indicating that it applies to minors Accordingly there is seemingly no procedure through which to order a minor to participate in inpatient or outpatient services based on alcoholism or substance dependency alone However case law suggests that a minor may be subject to general civil commitment provisions if they are engaging in substance abuse at least where the abuse occurs in tandem with psychiatric conditions See Matter of April S 499 P 3d 1011 1013-14 Alaska 2021 discussing placement of a child under emergency detention and authorization of involuntary hospitalization where the child in addition to having various psychiatric diagnoses was found likely to run away and engage in risky behaviors including substance abuse Voluntary commitment by parent or guardian Discretionary appointment if GAL finds placement inappropriate A parent or guardian of a minor younger than 18 may sign admission papers to admit their child for 30 days for the purpose of evaluation diagnosis and treatment at a designated treatment facility If the professional person in charge of the facility agrees that the admision is necessary the minor shall be admitted Alaska Stat 47 30 690 a A minor admitted under this process is entitled to a guardian ad litem Id at b but the GAL may or may not be an attorney See id incorporating section 25 24 310 which provides at paragraph c that an attorney or other person or the office of public advocacy may provide guardian ad litem services to a child in any legal proceedings involving the child s welfare The GAL s responsibility is to monitor the best interests of the minor as soon as possible after the minor s admission Alaska Stat 47 30 690 b But i f the guardian ad litem finds that placement is not appropriate the guardian ad litem may request that an attorney be appointed under AS 25 24 310 to represent the minor Id System-involved minors In a Child in Need of Aid CINA proceeding the court must appoint counsel for a child 10 years of age or older if t he child does not consent to placement in a psychiatric hospital or residential treatment center See CINA Rule 12 1 1 The court may appoint counsel for children who are younger than 10 years of age if t he child s and guardian ad litem s positions are not aligned on placement family or sibling contact permanency goal case plan or another important issue in the case which could encompass placement or treatment in a psychiatric hospital or residential treatment center Id at 2",yes,No Arizona,"The Arizona Supreme Court has found that an involuntary commitment proceeding on the grounds of mental illness can result in a serious deprivation of liberty In re Coconino County No MH 1425 889 P 2d 1088 1091 Ariz 1995 Several appellate courts have relied on this holding to find that a proposed patient must be afforded due process protection as provided in the U S Constitution and while these cases did not address specifically the due process right to appointed counsel the appellate court in In re Jesse M 170 P 3d 683 685 Ariz Ct App 2007 noted that Arizona has long provided the right to counsel for a person facing an involuntary commitment and that by doing so among other things Arizona s legislative scheme fulfills the due process requirements",yes,Yes Arizona,"A statute provides a right to counsel for indigent adults and system-involved minors in mental health commitment matters Notably there does not appear to be a process to commit an adult due to alcoholism or substance dependency alone Other minors admitted based upon the application of their parent guardian or custodian do not appear to have the right to object to a mental health admission made on their behalf which ordinarily accompanies a right to counsel Similarly no right to object for minors suffering from alcoholism whose parent or guardian consented to their admission was located Generally Indigent persons subject to mental health civil commitment matters have the right to counsel at a variety of stages See Ariz Rev Stat Ann 36-528 D as to emergency detention 36-529 A - B D as to involuntary detention or temporary hospitalization for the purpose of evaluation see also Ariz Rev Stat 36-535 court shall appoint counsel for proposed patient if one has not previously been appointed in connection with detention hearing Attorneys fees As to payment for counsel Section 36-537 provides If the attorney is appointed he shall also explain that the patient can obtain his own counsel at his own expense and that if it is later determined that the person is not indigent the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference Effective assistance In In re MH2010 002637 the appellate court stated Given the significant liberty interests involved the substantial risk of error without a competent attorney and the government interest that patients are represented the Due Process Clause of the Fourteenth Amendment requires that a civil commitment patient receive effective assistance of counsel 263 P 3d 82 90 Ariz Ct App 2011 As to alcoholism No right to counsel for temporary detentions and no such proceeding Under certain circumstances a person who is intoxicated in a public place can be temporarily detained on an emergency basis for the purpose of evaluation or treatment See Ariz Rev Stat Ann 36-2026 There does not appear to be a right to counsel associated with such temporary detentions Nor does there appear to be a procedure through which to involuntarily commit someone due to alcoholism or substance dependency See e g Ariz Rev Stat Ann 36-2025 A An intoxicated person may come voluntarily to an approved local alcoholism reception center for emergency alcoholism treatment see also Ariz Rev Stat Ann 36-501 26 a providing that a Mental disorder does not include conditions stemming primarily from drug abuse alcoholism or intellectual disability unless in addition to one or more of these conditions the person has a mental disorder As to minors Generally Under the mental health code a minor s parent guardian or custodian may apply to admit the minor Ariz Rev Stat 36-518 C Alternatively if these individuals are without monetary resources to file an application or could not be located after reasonable efforts a person designated by the court may apply to admit the minor provided that other statutory criteria are met e g an interview with the child and a psychiatric investigation Id Similarly the parent legal guardian or other representative of a minor suffering from alcoholism may apply on the minor s behalf for evaluation and treatment of the minor 36-2024 A The application is made directly to any approved public or private treatment facility Id No procedures could be located as to either mental health or alcohol-related applications that expressly state that such minors can object to an application made on their behalf which might trigger a right to counsel Accordingly these minors presumably do not have the right to counsel under statute System-involved minors Section 8-272 A found within the Juvenile Court code provides If a child exhibits behavior that indicates the child may suffer from a mental disorder or is a danger to self or others an entity may request that the child receive an outpatient assessment or inpatient assessment emphasis added Entity is defined as the department of child safety the department of juvenile corrections or a child welfare agency that has been granted legal care custody and control of a child and other facilities e g a probation department or juvenile detention center Ariz Rev Stat Ann 8-271 2 The section provides unrepresented minors with the right to counsel in any court appearance that may result in institutionalization or mental health hospitalization Ariz Rev Stat Ann 8-221 C The right applies at initial and ongoing proceedings See e g Ariz Rev Stat Ann 8-272 G requiring appointment of counsel for unrepresented children as soon as practicable after the filing of motions for judicial approval of admission for inpatient assessment or for inpatient psychiatric acute care services 8-273 60-day reviews of the continuing need for residential treatment services Under the former Ariz Rev Stat Ann 8-221 E the court could order the juvenile s parent or guardian to pay all or part of the costs of the attorney s services if the court found that the parent or guardian had sufficient financial resources However this provision was removed in 2023 by SB 1197",yes,No Arkansas,"Adult respondents in mental health- and substance dependency-related civil commitment matters have the right to an attorney There is no mention of an indigency requirement Minor respondents may have the right to counsel in mental health-related matters at least if they are emancipated or considered of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures but the law is not clear Generally A petition for involuntary commitment may be sought due to alleged mental health matters or alleged addiction to drugs or alcohol In either case the person subject to the petition has the right to counsel See Ark Code Ann 20-47-212 a commitment due to mental health and Ark Code Ann 20-64-817 commitment due to drug or alcohol addiction The mental health and public health code both use the same statutory language regarding appointment If it appears to the court that the person sought to be involuntarily admitted is in need of counsel counsel shall be appointed immediately upon filing of the original petition Ark Code Ann 20-47-212 a 20-64-820 a Although the statutory language makes it sound as though appointment of counsel is discretionary the relevant provisions about notice to the respondent of their rights suggests that appointment is mandatory Ark Code Ann 20-47-211 1 he or she has the right to effective assistance of counsel including the right to a court-appointed attorney 20-64-817 1 That the person has the right to effective assistance of counsel including the right to a court-appointed attorney Waiver Unlike in termination proceedings this right is generally not waivable because an individual facing a proceeding questioning their mental health is unable to at the same time knowingly and voluntarily waive their rights Honor v Yamuchi 820 S W 2d 267 271 Ark 1991 To determine that long-term custody is appropriate because the individual lacks the capacity to comprehend impending dangers finding at the same time there has been a knowing and intelligent waiver is patently inconsistent Additionally the court borrows from the criminal context applying the Anders standard in appeals from commitment proceedings which requires the attorney to show that no genuinely appealable issue exists before permitting the attorney to withdraw as counsel Adams v Ark Health and Hum Servs 291 S W 3d 172 174 176 Ark 2009 adding that it would defy logic to deny counsel on appeal to endangered adults subject to long-term custody orders Fees and costs Regarding attorney s fees both statutes set a maximum amount of 150 Ark Code Ann 20-47-212 b 20-64-820 a The Arkansas legislature has directed t he quorum courts of each county to appropriate funds for the purpose of payment of the attorney s fees provided for by this subchapter Ark Code Ann 20-47-212 c 20-64-820 b see also Ark Code Ann 14-20-102 a 1 creating a fund to be used for the purpose of paying reasonable and necessary costs incurred in the representation of persons against whom involuntary admissions procedures for mental health or alcohol and narcotic commitments have been brought The public defender is generally tasked with providing representation in these matters see Ark Code Ann 16-87-306 but the court has authority to appoint counsel on a pro bono basis Ark Code Ann 20-47-212 b 20-64-820 a As to minors The provisions governing substance dependency-related civil commitment matters define Person as an individual who is 18 years of age or older See Ark Code Ann 20-64-801 6 Accordingly these provisions do not appear to apply to minors Conversely nothing within the sections governing civil commitment for mental health reasons explicitly limit their application to those 18 and older See Ark Code Ann 20-47-201 et seq So these procedures including the associated right to counsel presumably apply to minors at least to emancipated minors and unemancipated minors who are of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures Ark Code Ann 20-9-602 listing the individuals who are authorized to provide consent to medical treatments or procedures not prohibited by law As to other minors 20-9-602 indicates that a ny parent whether an adult or a minor may consent to medical treatment on their child s behalf as can a ny person standing in loco parentis whether formally serving or not and any guardian conservator or custodian on behalf of their ward or other charge under disability Id Because no procedures expressly state that an unemancipated minor or minor ward is able to object to an admission to which their parent or guardian consented which might trigger a right to counsel these individuals presumably do not have the right to counsel",yes,No California,"In In re Hop 623 P 2d 282 Cal 1981 the California Supreme Court held that in the civil commitment of a developmentally disabled minor such person is entitled to the appointment of counsel because i nasmuch as a minor or a developmentally disabled adult may be presumed to lack the ability to marshal the facts and evidence to effectively speak for himself and to call and examine witnesses or to discover and propose alternative treatment programs due process also requires that counsel be provided The court s holding appears to apply to all respondents not just minors Additionally in Petition of Antoine C 186 Cal App 3d 424 230 Cal Rptr 738 740 1986 the court considered the county s contention that the word counsel could be construed to mean a nonlawyer advisor rather than an attorney The court held that the provision of a nonlawyer advisor rather than a lawyer violated Roger S because if the California Supreme Court intended counsel to mean something other than attorney it would have said so",yes,No California,"California provides a right to counsel for indigent respondents in various types of civil commitment proceedings Commitment of developmentally disabled individuals Cal Welf Inst Code 6500 b 5 provides that in proceedings for commitment of persons dangerous to self or others the person alleged to have a developmental disability shall be informed of his or her right to counsel by the court and if the person does not have an attorney for the proceedings the court shall immediately appoint the public defender or other attorney to represent him or her If the individual is able to pay for attorneys fees they must do so Id see also Cal Welf Inst Code 4801 a addressing a party committed as a developmentally disabled patient and requiring patient to pay attorney fees if able In 2023 California passed SB 138 to amend 6500 to provide that commitment orders entered on or after July 1 2024 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement pursuant to Section 6506 unless the facility informs the court in writing of the need for an extension prior to the expiration Cal Welf Inst Code 6500 c 4 The provision specifies that This paragraph does not preclude the individual or a person acting on the person s behalf from making a request for release pursuant to Section 4800 or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801 Id see also Cal Welf Inst Code 4801 The adult requesting to be released shall be informed of his or her right to counsel and if he or she does not have an attorney for the proceedings the court shall immediately appoint the public defender or other attorney to assist him or her in the preparation of a petition for the writ of habeas corpus and to represent him or her in the proceedings The person shall pay the costs of those legal services if he or she is able Commitment of incarcerated individuals See Cal Penal Code 1240 1 a In any civil commitment case wherein the defendant would be entitled to the appointment of counsel on appeal if indigent it shall be the duty of the attorney who represented the person at trial to provide counsel and advice as to whether arguably meritorious grounds exist for reversal or modification of the judgment on appeal Cal Penal Code 2972 requiring appointment of county public defender for indigent person in hearing to commit civilly prisoner to facility after completion of sentence due to mental disorder",yes,No Colorado,"Generally There is a right to appointed counsel for individuals in a variety of civil commitment matters Due to mental health disorder When a person appears to be an imminent danger to others or to the person s self due to an apparent mental health disorder or appears to be gravely disabled an intervening professional or certified peace officer may take the person into custody and seek a 72-hour hold to treat and evaluate the individual Colo Rev Stat 27-65-106 1 a Assuming the petition for evaluation is approved by the court and the subsequent evaluation shows that continued treatment is warranted the facility where the respondent is being held may file a petition for involuntary treatment of the individual for up to three months petition to certify Colo Rev Stat 27-65-109 1 The court must immediately appoint an attorney to represent the respondent upon receiving a petition for certification Colo Rev Stat 27-65-109 5 The right to counsel continues for all proceedings including hearings to extend the commitment beyond three months any subsequent reviews of the certification and requests for outpatient treatment Colo Rev Stat 27-65-109 5 - 6 10 If after the initial evaluation the evaluating professional believes that continued commitment is warranted but the 72-hour emergency mental health hold is expected to expire before an appropriate placement can be located the facility may place the person under a second emergency mental health hold immediately notifying the court at which point the court shall appoint an attorney Colo Rev Stat 27-65-106 7 a A person may also be certified for involuntary treatment for a period of up to three months without a 72-hour hold through a petition filed by their spouse legal guardian relative professional person or any other responsible person Colo Rev Stat 27-65-108 1 - 2 Upon the filing of such a petition the court shall immediately appoint an attorney for the respondent to represent them in all proceedings including any appeals Colo Rev Stat 27-65-108 4 a Due to incapacitation due to alcohol or drugs The provisions related to involuntary treatment due to alleged incapacitation by alcohol or drugs apparently permit the court to order a variety of treatments whether on an outpatient inpatient emergency or intermediate basis See e g Colo Stat 27-81-102 defining Treatment A written application for emergency commitment may be made to the administrator of an approved treatment facility Colo Rev Stat 27-81-111 2 If approved the person may be committed for no more than five days but may be held for longer than five days if involuntary commitment proceedings are sought pursuant to 27-81-112 See Colo Rev Stat 27-81-111 5 Within 24 hours of detainment the administrator must advise the person of their right to challenge the detention and of their right to court-appointed counsel at every stage of the proceedings if they want counsel but are unable to obtain counsel Colo Rev Stat 27-81-111 and 27-81-112 As to the right to counsel in such matters Section 27-81-112 12 provides The court shall inform the person whose commitment or recommitment is sought of the person s right to contest the application to be represented by counsel at every stage of any proceedings relating to the person s commitment and recommitment and to have counsel appointed by the court or provided by the court if the person wants the assistance of counsel and is unable to obtain counsel If the court believes that the person needs the assistance of counsel the court shall require by appointment if necessary counsel for the person regardless of the person s wishes As to minors Due to mental health disorder Finally minors fifteen years of age or older have the right to an attorney where they object to their continued hospitalization If a minor does not consent to or objects to continued hospitalization the need for such continued hospitalization must within ten days be reviewed by an independent professional person Colo Rev Stat 27-65-104 6 a If the evaluation supports continued hospitalization but the minor continues to object the minor must be informed of their right to retain and consult with an attorney at any time and if the minor requests representation the director or the director s duly appointed representative shall file within three days after the minor s request a statement requesting an attorney for the minor or if the minor is under fifteen years of age a guardian ad litem Colo Rev Stat 27-65-104 6 b Due to incapacitation due to alcohol or drugs The same section appears to govern involuntary treatment of both adults and minors as Section 27-81-112 3 c provides that if the person whose commitment is sought seeks to contest the matter notice of the hearing must be provided to the respondent and if the respondent is a minor to one of their parents or their legal guardian As discussed above the right to counsel attaches under Section 27-81-112 12",yes,No Connecticut,"In Project Release v Prevost 722 F 2d 960 963 2d Cir 1983 the Second Circuit considered the claim of a class of current or former patients in New York State mental hospitals that the voluntary involuntary and emergency civil commitment standards and procedures in N Y Mental Hyg Law 9 13 9 27 and 9 39 were unconstitutional under the federal due process standard Although the statute in place at the time provided for a right to counsel appellants claimed that it unconstitutionally require d the Mental Health Information Service MHIS to be both counsel for the patient and independent investigator for the court adequacy of counsel claim Id at 963 After noting that i nvoluntary civil commitment to a mental institution has been recognized as a massive curtailment of liberty requir ing due process protections Id at 971 citing e g Vivtek v Jones 445 U S 480 491-92 1980 Addington v Texas 441 U S 418 425 1979 the court held that the New York law in question fulfilled that mandate because it specifically provided for a right to counsel in any judicial proceeding concerning a patient s commitment retention or status and throughout any appeal concerning objection to medication That MHIS may also serve this function does not undermine the statute s facial validity Id at 976 The court s willingness to engage in a due process analysis of the mental health commitment procedures suggests a recognition that the right is rooted in the Fourteenth s guarantee of due process where an individual s physical liberty is threatened by the state s action Id internal citations omitted",yes,Yes Connecticut,"Adult indigent respondents have the right to counsel in mental health and other commitments as do some minors in certain commitment matters Generally Indigent respondents have the right to counsel in civil commitment proceedings related to mental health under Conn Gen Stat Ann 17a-498 b as well as in commitment matters related to substance dependency Gen Stat Ann 17a-685 c The right extends to applications to terminate commitment See Gen Stat Ann 17a-685 l Next Conn Stat 17a-274 d provides that where the probate court determines whether to place a person with intellectual disability with the Department of Developmental Services for placement in any appropriate setting which meets the person s habilitative needs in the least restrictive environment available or which can be created within existing resources of the department the indigent person has a right to counsel As to minors Mental health commitments of mentally ill children are governed by a separate code section An application for the commitment of a mentally ill child may be filed by any person Conn Stat 17a-76 a Under the section a child means any person less than sixteen years of age Conn Stat 17a-75 Minor respondents in such matters have a right to counsel See Conn Gen Stat Ann 17a-77 a providing that court must appoint counsel for commitment of mentally ill child and that Counsel appointed to represent such child shall also be appointed guardian ad litem for such child unless the court deems it appropriate to appoint a separate guardian ad litem Mental disorder under the provisions is limited to a mental or emotional condition that has substantial adverse effects on a child s ability to function so as to jeopardize his or her health safety or welfare or that of others and specifically excludes intellectual disability Conn Gen Stat Ann 17a-75 emphasis added It is not clear whether commitment may be made under the section due to substance dependency of the minor Notably even the general provisions governing mental health commitment may be implicated for certain minors who are 16 years of age or older the age at which a minor can consent to voluntary admission if the individual has consented to voluntarily commitment but later expresses a desire to leave to which someone objects through the filing of a commitment petition See 17a-506 e governing voluntary admissions and associated procedures see also 17a-495 defining voluntary patient A voluntary patient in addition to encompassing consenting patients 16 years of age or older includes any patient under sixteen years of age whose parent or legal guardian applies in writing to such hospital for admission of such patient Because no provisions in the general mental health commitment code Section 17a-495 et seq expressly state that a minor younger than 16 is able to object to an admission to which their parent or legal guardian consented which might trigger a right to counsel these individuals presumably do not have the right to counsel",yes,No Delaware,"Generally Pursuant to Del Code Ann tit 16 5007 3 indigent individuals subject to involuntary commitment proceedings have the right t o be represented by counsel at all judicial proceedings such counsel to be court-appointed if the individual cannot afford to retain counsel And u pon the filing of the probable cause complaint the court shall forthwith 1 Schedule a probable cause hearing to determine whether probable cause exists for the involuntary patient s confinement and where necessary appoint counsel to represent the involuntary patient Id at 5009 a As to substance use Upon written certification by a physician that the individual is a person in need of treatment as provided for in this chapter a person may be involuntary admitted for substance abuse treatment on either an inpatient or outpatient basis Del Code Ann tit 16 2211 A right to court-appointed counsel attaches for indigent respondents upon the filing of the petition per 2214 1 See also id at 2215 stating that An individual whom the staff of a facility has determined to be a person in need of treatment will be provided 3 Representation by counsel at all judicial proceedings such counsel to be court-appointed if the involuntary patient cannot afford to retain counsel As to minors Del Code Ann tit 16 5025 a provides Except as otherwise provided the provisions of this chapter pertaining to the care and release of persons age 18 and older shall apply with the same force and effect to persons under 18 years of age admitted to a designated psychiatric treatment facility or hospital Accordingly the same procedures as discussed above that apply to adults should apply to minors However paragraph b of the same section specifies that is is the child s parent or legal guardian that has the right to counsel All substantive and procedural rights provided to individuals pursuant to this chapter shall automatically transfer to the individual s parents or legal guardian if the individual is a minor unless specifically stated otherwise in this chapter",yes,No Florida,"The Florida Supreme Court has found a due process right to counsel in involuntary commitments Pullen v State 802 So 2d 1113 1119 Fla 2001 While the right to appointed counsel in Baker Act involuntary civil commitment proceedings is provided by Florida statute the constitutional guarantee of due process would require no less While the court did not specify which constitution it was relying on its citation to federal cases would suggest it was a holding under the federal constitution",yes,No Florida,"Generally Adult and minor respondents have the right to counsel in matters related to involuntary commitment due to mental health In substance dependency-related commitments adult respondents have the right to an attorney if they cannot afford one while minor respondents are seemingly entitled only to a guardian ad litem An adult s right to counsel attaches at the initial hearing but in the event of an emergency they may be held temporarily through the entry of an ex parte order and without the appointment of counsel Though there is some ambiguity in the statute it appears that the parent guardian or custodian of a minor respondent is entitled to counsel if indigent Because minor respondents receive a guardian ad litem and not client-directed counsel in substance dependency matters the right to counsel is classified as qualified Due to mental health A petition may be filed requesting involuntary mental health treatment on an inpatient basis outpatient basis or both See Fla Stat 394 467 4 d Respondents to petitions for involuntary treatment have the right to counsel There is no mention of an indigency requirement though the statute does refer to eligibility Fla Stat 394 467 5 states Within 1 court working day after the filing of a petition for involuntary services the court shall appoint the public defender to represent the person who is the subject of the petition unless the person is otherwise represented by counsel or ineligible The clerk of the court shall immediately notify the public defender of such appointment The public defender shall represent the person until the petition is dismissed the court order expires the patient is discharged from involuntary services or the public defender is otherwise discharged by the court Any attorney who represents the patient shall be provided access to the patient witnesses and records relevant to the presentation of the patient s case and shall represent the interests of the patient regardless of the source of payment to the attorney emphasis added As to minors Right to counsel The same provisions appear to apply to minors Fla Stat 394 467 1 b defining Involuntary inpatient placement as placement in a secure receiving or treatment facility providing stabilization and treatment services to a person 18 years of age or older who does not voluntarily consent to services under this chapter or a minor who does not voluntarily assent to services under this chapter emphasis added see also id at 2 b which lists the criteria for a person ordered to involuntary inpatient placement and does not include any age restrictions The only provision specific to minors in the section appears to be that found at Fla Stat 394 4785 which provides rules specific to the placement of minors including subsection 1 prohibiting the placement of a child or adolescent in a state-owned or state-operated mental health treatment facility In the context of abuse neglect matters Pursuant to court rule minors also have the right to counsel in state-initiated proceedings to place them in a residential treatment program See Fla R Juv P Rule 8 350 a 3 On the filing of this notice that the child is to be assessed by a qualified evaluator by the department the court must appoint a guardian ad litem for the child and must also appoint an attorney for the child Due to substance dependency Involuntary treatment for substance abuse impairment or a substance use disorder and a co-occurring mental health disorder that rises to a certain level of statutory criteria found in Fla Stat 397 675 Such matters can seemingly be sought on an inpatient or outpatient basis See 397 311 24 defining Involuntary treatment services as an array of behavioral health services that may be ordered by the court for persons with substance abuse impairment or co-occurring substance abuse impairment and mental health disorders There is also a right to counsel for respondents in such cases A respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment however the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly intelligently and voluntarily A respondent who desires counsel and is unable to afford private counsel has the right to court-appointed counsel and to the benefits of s 57 081 If the court believes that the respondent needs or desires the assistance of counsel the court shall appoint such counsel for the respondent without regard to the respondent s wishes Fla Stat 397 681 2 However in an emergency situation an individual can be held temporarily through the entry of an ex parte order and without appointment of counsel 397 6818 The right to counsel would likely attach at the initial hearing date of which the respondent must have notice See id As to minors Right to guardian ad litem As to the involuntary commitment of minors due to substance dependency a parent legal guardian or legal custodian may seek the admission and must be involved in all aspects of treatment as determined appropriate by the director of the licensed service provider 397 6759 Minors are entitled to a guardian ad litem per Fla Stat 397 681 2 If the respondent is a minor not otherwise represented in the proceeding the court shall immediately appoint a guardian ad litem to act on the minor s behalf However another section of the code confusingly provides Each individual must be informed that he or she has the right to be represented by counsel in any judicial proceeding for involuntary treatment services and that he or she or if the individual is a minor his or her parent legal guardian or legal custodian may apply immediately to the court to have an attorney appointed if he or she cannot afford one Fla Stat 397 501 8 In reading the section there is some ambiguity as to whether it is the minor or the minor s parent guardian or custodian who is entitled to counsel However given that Fla Stat 397 681 2 merely provides for a guardian ad litem reading the two sections together suggests that Section 397 501 8 likely refers to appointment of counsel for the minor s parent guardian or custodian As to mental disability When a person has a developmental disability for which involuntary admission to residential services is sought they are entitled to appointed counsel at both the capacity determination regardless of indigence see Fla Stat Ann 393 12 5 and at the hearing to determine involuntary admission if indigent see 393 11 6 a If the disabled person sought to be admitted has a guardian they are still entitled to their own counsel In Auxier v Jerome Golden Center for Behavioral Health a protected person s guardian committed the protected person and then opposed appointment of counsel for them arguing that the guardian s own attorney could represent the individual 85 So 3d 1164 Fla App 2012 But the Court of Appeals held that the individual was entitled to representation by independent counsel free from any conflict of interest Id at 1166-67 Right to effective assistance Finally the Supreme Court of Florida has held that The subject of an involuntary civil commitment proceeding has the right to the effective assistance of counsel at all significant stages of the commitment process In re Beverly 342 So 2d 481 489 Fla 1977",yes,No Georgia,"A district court in Georgia held that depriving patients who are committed voluntarily by their guardian of the opportunity to challenge their confinement violates due process In Heichelbech v Evans the Middle District of Georgia considered a challenge to the State of Georgia s policy of not permitting patients with legal guardians to be discharged or afforded an involuntary commitment proceeding without the consent of their legal guardian 798 F Supp 708 711 M D Ga 1992 The practice was based upon the State s interpretation of a statute permitting voluntary patients to request their own discharge in writing Id The court held that Georgia s policy deprived Plaintiff of a liberty interest created by state law in violation of due process essentially finding that patients admitted by their guardians are entitled to the right to challenge their confinement However the court rejected the Plaintiff s conten tion that defendants violated his rights to equal protection by distinguishing between voluntary patients with legal guardians and those without in its discharge procedure Id at 714 In disagreeing the court reasoned that the state had a rational basis in distinguishing between these groups Because of the special nature of the relationship between a guardian and his ward and the legal problems unique to that relationship defendants have a rational basis for treating voluntary patients with guardians differently from those without Id at 15 Nevertheless because the court held that patients admitted by a guardian have the right to challenge their confinement through requesting discharge under Ga Code Ann 37-3-22 they presumably also have the right to counsel that attaches in such proceedings To learn more about the statutory right to counsel afforded to individuals in civil commitment matters including in matters related to contested discharge requests by voluntary patients see Georgia Legislation Civil Commitment Although the court acknowledged that Plaintiff s initial commitment was not voluntary Id at 712 the decision stopped short of providing proposed patients with guardians the right to challenge their initial commitments The initial admission of plaintiff to the Hospital is not being challenged Since this case only involves a challenge to the process provided when an incapacitated adult requests a release Parham by the Supreme Court s own language is inapplicable Heichelbech 798 F Supp at 713-14 referring to Parham v J R 442 U S 584 1979 a case the state argued was analogous but which the court found distinguishable since Parham only applies to procedures for the initial admission of minors Accordingly the holding appears limited to contested discharge requests so the right to counsel is classified as qualified",yes,Yes Georgia,"Most indigent adult patients and proposed patients have the right to counsel in involuntary commitment matters as do certain minors An adult under a court-ordered guardianship whose guardian has admitted them has the right to counsel in regards to contested discharge requests but they seemingly do not have the ability to challenge their initial commitment Generally Under Ga Code Ann 37-3-81 1 the court may order inpatient or outpatient mental health-related treatment on an involuntary basis There is a right to counsel for indigent respondents in dentention civil commitment proceedings and appeals related to these matters See Ga Code Ann 37-3-44 a notice of right to counsel immediately upon arrival at the emergency receiving facility 37-3-62 for hearings on court ordered evaluation petitions which are scheduled if the court finds reasonable cause to believe that the patient requir es involuntary treatment the patient is entitled to appointed counsel if they cannot afford counsel 37-3-81 a 2 related to detention of mental health patient beyond evaluation period 37-3-83 related to continued involuntary hospitalization 37-3-92 a related to hearings regarding noncompliance with outpatient treatment plan which may result in custody hospitalization or detention for evaluation and treatment 37-3-150 appeal rights of mental health patients 37-4-110 appeal rights of developmentally disabled persons Contested discharge requests of voluntary patients Generally Ga Code Ann 37-3-22 a states A voluntary patient other than a minor child for whom admission has been sought by his parents or guardian who has admitted himself to a facility pursuant to subsection a of Code Section 37-3-20 or any voluntary patient s personal representative legal guardian parent spouse attorney or adult next of kin may request such patient s discharge in writing at any time after his admission If the patient was admitted on his own application and the request for discharge is made by a person other than the patient the discharge shall be conditioned upon the agreement of the patient thereto unless such other person is the legal guardian of the patient s person Within 72 hours excluding Sundays and legal holidays of the delivery of a written request for release to the chief medical officer the patient must be discharged from the facility unless the chief medical officer finds that the discharge would be unsafe for the patient or others in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41 Code Section 37-3-61 or Code Section 37-3-81 emphasis added If proceedings are initiated under Code Sections 37-3-41 Admission to an emergency receiving facility 37-3-61 Petition for court ordered evaluation or 37-3-81 Determination of involuntary treatment the right to counsel attaches See Ga Code Ann 37-3-44 37-3-62 and 37-3-81 discussed above In the context of patients under guardianship Previously patients admitted voluntarily by their guardian were not considered to be able to challenge their commitment by requesting their own discharge However in Heichelbech v Evans the Middle District of Georgia held that this policy violated due process by denying such persons a liberty interest created by state law 798 F Supp 708 712 M D Ga 1992 Thus such individuals have the right to request their discharge If the medical facility contests the discharge and initiates proceedings for involuntary treatment as permitted by Section 37-3-22 a the right to counsel would presumably attach To learn more about Heichelbech v Evans see Georgia Litigation Civil Commitment Presumptive right to counsel - Guardianship context As to substance dependency There is also a right to counsel in involuntary commitment matters sought due to chemical dependency See Ga Code Ann 37-7-44 upon arrival at emergency receiving facility 37-7-62 hearings on petitions for court-ordered evaluations 37-7-81 related to detention of patient beyond evaluation period As to minors Voluntary treatment where consent given by parent or guardian Seemingly no procedure to object A parent or guardian may consent on behalf of an individual who is younger than 18 years of age as to both mental health-related Ga Code Ann 37-3-20 a and substance dependency-related treatment 37-7-20 and must consent on behalf of a minor if inpatient treatment is sought Although patients 12 years of age or older may consent on their own behalf at least to initial observation and diagnosis at a facility id it does not appear that minors whose parent or guardian consented to their admission or treatment have the ability to object a process to which the right to counsel may attach as Sections 37-3-22 and 37-7-22 state A voluntary patient other than a minor child for whom admission has been sought by his parents or guardian who has admitted himself to a facility or any voluntary patient s personal representative legal guardian parent spouse attorney or adult next of kin may request such patient s discharge in writing at any time after his admission emphasis added Where treatment is sought in Child in Need of Services case Right to counsel applies The involuntary mental health-related commitment or treatment of a child can be sought as part of a Child in Need of Services CHINS case See Ga Code Ann 15-11-451 d If during the comprehensive services plan hearing or any subsequent review hearing the court determines that a child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37 such child may be committed to an appropriate treatment setting A child subject to a CHINS matter has the right to counsel and the right extends to appeals Ga Code Ann 15-11-402 a e",yes,Yes Hawaii,"Civil commitment orders may be sought for either mental health or substance use-related matters See Haw Rev Stat 334-60 Individuals subject to petitions for civil commitment have the right to be represented by the public defender under Haw Rev Stat 802-1 a which states Any indigent person who is 2 Threatened by confinement against the indigent person s will in any psychiatric or other mental institution or facility shall be entitled to be represented by a public defender Respondents must be notified of their right to representation pursuant to Haw Rev Stat 334-60 4 b 6 Section 802-1 a is likely broad enough to apply to adults and juveniles and nothing in Haw Rev Stat 334-60 4 b 6 indicates that the proceedings are limited to adults Likewise Haw Rev Stat 571-87 from the General Provisions covering family courts is also seemingly applicable providing When it appears to a judge that a person requesting the appointment of counsel satisfies the requirements of chapter 802 for determination of indigency the judge shall appoint counsel to represent the person at all stages of the proceedings including appeal if any This provision is presumptively applicable since the family court has exclusive original jurisdiction over matters related to the treatment or commitment of a mentally defective or mentally ill child or a child with an intellectual disability under Haw Rev Stat 571-11 as well as over matters related to the commitment of an adult alleged to be mentally defective or mentally ill Haw Rev Stat 571-14 a 5",yes,No Idaho,"In True v State Department of Health and Welfare the plaintiff who was challenging the constitutionality of her rehospitalization claimed that her due process rights were violated during the hospitalization hearing 645 P 2d 891 Idaho 1982 The Supreme Court of Idaho ruled in her favor requiring more due process safeguards prior to her re-hospitalization and specifically held that at the rehospitalization hearing the patient is to be afforded the right to counsel Id at 903",yes,No Idaho,"The court must appoint counsel for indigent respondents in a variety of civil commitment proceedings See e g Idaho Code Ann 66-326 those detained temporarily and without a hearing based on suspicion of grave disability due to mental health 66-329 7 applications for commitment due to mental health and 66-406 7 applications for commitment due to developmental disability This includes indigent respondents alleged to lack the capacity to make informed decisions about treatment due to their mental health and who are the subject of a petition for the appointment of a guardian who will handle treatment decisions Idaho Code Ann 66-322 e - f The State Public Defender Act incorporates the above provisions providing that indigent persons who are being detained who are confined or who are the subject of hospitalization proceedings under these sections are entitled to representation at all stages including any appeal See Idaho Code Ann 19-6009 Juvenile respondents also have the right to counsel pursuant to Section 16-2429 1 For juveniles the court takes into consideration both the juvenile and their parents ability to afford counsel Id When a child has not retained an attorney and is unable to do so or the child and his parents are unable to afford one and proceedings under this chapter have been initiated in court the court shall appoint an attorney to represent him in court proceedings In April 2024 the Idaho legislature enacted SB 1247 creating a new procedure through which someone likely to have a neurocognitive disorder who is in acute crisis can be subject to involuntary care or treatment proceedings The new law creates a right to appointed counsel for unrepresented respondents in such matters no later than the time the application for emergency protective placement is received by the court See Idaho Code 56-1905 7 A neurocognitive disorder is defined under the law as decreased mental function due to a medical disease other than a psychiatric illness including Alzheimer s disease HIV Parkinson s disease traumatic brain injury and certain kinds of dementia See Idaho Code 56-1903 6 incorporating the definition found at Section 66-317 13",yes,No Illinois,"Civil commitment due to mental health or developmental disability All persons alleged to be subject to involuntary admission to a mental health facility must be represented by counsel and if such a person is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing the court shall appoint counsel for him 405 Ill Comp Stat Ann 5 3-805 West The court will make such appointments first from the Guardianship and Advocacy Commission If no attorney from the Guardianship and Advocacy Commission is available then the public defender shall be appointed Finally if no public defender is available the court will appoint an attorney licensed to practice law in the State Private attorneys so appointed will be paid a fee in an amount determined to be reasonable by the court upon the filing of a verified statement of legal services The county will pay all or any portion of this fee that the client is unable to pay See also Matter of Walters 539 N E 2d 454 Ill App 1989 reversing commitment order because counsel must be appointed at time hearing is set not at hearing itself Similarly any person who meets the standard for judicial admission to a mental health facility must also be represented by counsel and if such person is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing the court shall appoint counsel for him 5 4-605 Under Section 405 persons seeking to appeal a final order who are unable to obtain counsel are entitled to court-appointed counsel pursuant to Section 3-805 5 3-816 b In Carmody v Carmody the court held that the legislature could not have intended to provide an individual subject to involuntary commitment with the right to counsel and to permit that counsel to be prejudicially ineffective Thus the statutory right to counsel contained in section 3-805 of the Code includes the right to effective assistance of counsel 653 N E 2d 977 984 Ill App 1995 Civil commitment of minors A minor 16 years of age or older may choose to self admit to a mental health facility 405 Ill Comp Stat 5 3-502 Alternatively a parent guardian or person in loco parentis may apply to admit the minor as well as the DCFS in the case of a youth in care 405 Ill Comp Stat 5 3-503 If the admission is of an emergency nature and a parent or guardian cannot be located after diligent efforts an interested person 18 years of age or older may consent to the admission 405 Ill Comp Stat 5 3-504 When an application for involuntary admission is sought under sections 503 or 504 a minor 12 years of age or older may object on their own behalf an interested person 18 years of age or older may object on behalf of a minor younger than 12 405 Ill Comp Stat 5 3-507 or a parent guardian or person in loco parentis may request discharge of the minor 405 Ill Comp Stat 5 3-508 Upon receiving a written objection or request for discharge the minor should be discharged at the earliest appropriate time unless the objection is withdrawn a minor 12 or older objects to their parent or guardian s discharge request or a petition for review of the admission and 2 certificates are filed with the court 405 Ill Comp Stat 5 3-507 5 3-508 When a petition for review of the admission is filed with the court the right to counsel attaches Upon receipt of a petition filed pursuant to Section 3-507 or 3-508 the court shall appoint counsel for the minor and shall set a hearing to be held within 5 days excluding Saturdays Sundays and holidays 405 Ill Comp Stat 5 3-509 Civil commitment for substance use disorders No such proceeding No provisions specific to the involuntary treatment of individuals for substance use disorders were located In fact the mental health provisions explicitly exclude substance abuse disorders See 405 Ill Comp Stat 5 1-129 Mental illness means a mental or emotional disorder that substantially impairs a person s thought perception of reality emotional process judgment behavior or ability to cope with the ordinary demands of life but does not include a developmental disability dementia or Alzheimer s disease absent psychosis a substance use disorder or an abnormality manifested only by repeated criminal or otherwise antisocial conduct emphasis added",yes,No Indiana,"Adults subject to mental health commitment Generally Ind Code 12-26-2-2 broadly states that in mental health proceedings brought under a set of enumerated statutes i e IC 12-26-6 90-day involuntary commitment IC 12-26-7 regular commitment of more than 90 days IC 12-26-12 discharge IC 12-26-15 review of commitment individuals have a right t o be represented by counsel One court construed the predecessor statute IC 16-14-9 1-9 e 4 which contained similar language about the right to be represented by counsel to imply a right to appointed counsel See F J v State 411 N E 2d 372 384 Ind Ct App 1980 F J was at no time told she could have an attorney appointed for her despite the language of the statute giving her the right to be represented by counsel Involuntary commitment due to substance abuse or alcoholism Ind Code 12-23-11 1-1 the provision governing involuntary treatment for drug or alcohol dependency incorporates the code sections discussed above which has been interpreted by courts to provide the right to appointed counsel The section states a Except as provided in subsection b an individual who is 1 an alcoholic 2 incapacitated by alcohol or 3 a drug abuser may be involuntarily committed to the care of the division under IC 12-26 b A drug abuser who is charged with or convicted of an offense that makes the individual ineligible to make an election for treatment under IC 12-23-6 1 may not be involuntarily committed under subsection a Ind Code 12-23-11 1-1 Because this provision incorporates Ind Code 12-26 the arguable right to counsel applicable in general commitment matters presumably applies in this context as well Children subject to civil commitment or treatment As to the civil commitment of children Ind Code 12-26-8-1 provides a A juvenile court that conducts a proceeding under this article shall appoint a court appointed special advocate a guardian ad litem or both for the child before the court begins a proceeding under this article b An advocate is not required to be an attorney c An attorney representing the child may be appointed as the child s advocate Ind Code 12-26-8-3 adds that the court may appoint an attorney to represent the child s advocate As to involuntary treatment of minors for alcohol or drug dependency specifically a separate chapter applies see Ind Code 12 23 12 1 to 12 23 12 3 Though these provisions do not mention the appointment of counsel 12-23-12-3 states that the court follows the procedure established for juveniles in such cases or the procedure established by this article if the court having juvenile jurisdiction waives jurisdiction which may mean that 12-26-8-1 applies Discretionary appointment for petitioners Ind Code 12-26-2-5 c states The court may appoint counsel for a petitioner upon a showing of the petitioner s indigency and the court shall pay for such counsel if appointed This provision applies for petitions brought under the same enumerated statutes as those found in 12-26-2-2 12-26-6 90-day involuntary commitment 12-26-7 regular commitment of more than 90 days IC 12-26-12 discharge and IC 12-26-15 review of commitment",yes,Yes Indiana,"There is an arguable due process right to counsel for the subject of a civil commitment proceeding In F J v State the court quoted and relied on the language from Vitek v Jones 445 U S 480 1980 regarding due process right to counsel for inmate transferred to mental health facility about the requirement of a vailability of legal counsel furnished by the state if the inmate is financially unable to furnish his own even though Vitek s holding about counsel did not receive a majority of votes the 5th vote recognized the need for a qualified representative but not necessarily counsel F J 411 N E 2d 372 Ind App 1980 In In re Marriage of Stariha the court cited to F J as evidence that it is a defendant s interest in personal freedom and not simply the special Sixth and Fourteenth Amendments right to counsel in criminal cases which triggers the right to appointed counsel 509 N E 2d 1117 1119 Ind Ct App 1987 The Stariha court went on to say To meet due process requirements therefore appointed counsel has been required in certain circumstances regardless of whether the action is labeled criminal or civil Id Then in GPH v Giles the court held that there was no due process right to appointed counsel at the preliminary hearing for a temporary commitment 578 N E 2d 729 Ind App 1991 In its reasoning the court seemed to affirm that there is in fact a constitutional right to counsel generally for civil commitment cases stating We deal with whether the trial court violated GPH s constitutional right to assistance of counsel when the court allowed GPH to appear at the preliminary hearing to determine probable cause without counsel In deciding whether the emergency detention statute unconstitutionally denies GPH of his right to assistance of counsel we must determine whether a state in carrying out its parens patriae role may limit a mental patient s constitutional rights The state in exercising its parens patriae role and for the finite period specified in the emergency detention statute may limit an alleged mental patient s constitutional right to counsel GPH 578 N E 2d at 733",yes,Yes Iowa,"Respondents have the right to counsel in mental health- and substance use-related civil commitments and the court may appoint counsel for some petitioners in substance use-related commitments Commitment due to serious mental impairment Initial applications for involuntary placement Iowa provides a civil right to counsel at public expense for individuals subject to involuntary hospitalization proceedings due to alleged mental illness Applications for involuntary placement orders may be filed by any interested person Iowa Code 229 6 1 As to the right to counsel section 229 8 states As soon as practicable after the filing of an application for an involuntary placement order pursuant to section 229 6 the court shall do all of the following 1 Determine whether the respondent has an attorney who is able and willing to represent the respondent in the hospitalization proceeding and if not whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting one In accordance with those determinations the court shall if necessary allow the respondent to select or shall assign to the respondent an attorney See also Iowa Ct R 12 3 3 a respondent shall be informed of immediate right to counsel at county expense if necessary Subsequent placement hearings If the respondent is ordered involuntarily placed and counsel has withdrawn pursuant to section 229 19 counsel will be reappointed later if the respondent requests a hearing to determine if the order for placement or transfer is appropriate under Iowa Code 229 14A 5 c Commitment due to substance use disorders Counsel for respondent Initial application and recommitment Applications for involuntary placement due to a substance use disorder can be sought under Chapter 229 discussed supra See Iowa Code 229 6 an application shall s tate the applicant s belief that the respondent is a person who presents a danger to self or others and lacks judgmental capacity due to either of the following 1 A substance use disorder as defined in section 125 2 2 A serious mental impairment as defined in section 229 1 Accordingly the right to counsel in section 229 8 would apply But there is also a separate section of the code under which involuntary commitment for substance use disorders can be sought found within the Title governing Public Health matters See Iowa Code 125 74 to 125 94 The language related to the right to counsel in this section is similar to that found in 229 8 providing for the appointment of counsel for the respondent As soon as practical after the filing of an application pursuant to section 125 75 the court shall 1 Determine whether the respondent has an attorney who is able and willing to represent the respondent in the commitment proceeding and if not whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting an attorney In accordance with those determinations the court shall allow the respondent to select an attorney or shall assign an attorney to the respondent Iowa Code 125 78 see also Iowa Ct R 13 3 3 respondent to involuntary commitment petition for chronic substance abuse shall be informed of immediate right to counsel at public expense if necessary Commitment may be made for up to 30 days If an application for recommitment is sought for additional periods of up to 90 days the procedures of section 125 75 apply As such the right to counsel attaches to such matters as well Iowa Code 125 85 Counsel for petitioner Initial application The law also provides for the discretionary appointment of counsel for indigent petitioners in substance use disorder commitment matters If the application includes a request for a court-appointed attorney for the applicant and the court is satisfied that a court-appointed attorney is necessary to assist the applicant in a meaningful presentation of the evidence and that the applicant is financially unable to employ an attorney the court shall appoint an attorney to represent the applicant Iowa Code 125 78 2 Commitment of minors Per 229 6A the juvenile court has original exclusive jurisdiction over minors subject to involuntary commitment matters but the same procedures as are applicable to adults apply including the right to counsel in matters related to applications for involuntary placement orders Iowa Code 229 8 which may be filed by any interested person and subsequent placement proceedings Iowa Code 229 14A As a statutory matter the minor s indigent parents are not entitled to counsel however This is true even if the parents did not initiate the petition for commitment Matter of R L D 456 N W 2d 919 920-21 Iowa 1990 but declining to rule on constitutional question as it was not raised in trial court Additionally a minor objecting to their parent guardian or custodian s application to voluntarily hospitalize them has the right to counsel under Iowa Code 229 2 Where a parent guardian or custodian makes an application to voluntarily hospitalize their child the chief medical officer shall provide separate prescreening interviews and consultations with the parent guardian or custodian and the minor to assess the family environment and the appropriateness of the application for admission Id at 1 b 1 During the interview the officer must inform the minor of their right to object to the admission and i f the chief medical officer of the hospital to which application is made determines that the admission is appropriate but the minor objects to the admission the parent guardian or custodian must petition the juvenile court for approval of the admission before the minor is actually admitted Id at 1 b 2 If the minor is unrepresented the court shall appoint counsel a s soon as is practicable after the filing of a petition for juvenile court approval of the admission of the minor Id at 1 b 3 Commitment procedures for individuals with intellectual disabilities repealed in 2013 Previously there was a procedure for the adjudication of mental retardation and attendant civil commitment See Iowa Code 222 16 to 222 32 The alleged disabled person was provided with the right to counsel under Iowa Code 222 22 The district court shall assign counsel for the person who is alleged to have an intellectual disability However these provisions were repealed in 2013 See Acts 2013 85 G A ch 130 S F 406 34 35 eff July 1 2014 A summary of the bill provided by the Iowa General Assembly Legislative Services Agency states The Act does not affect existing Iowa Code provisions allowing such services to be provided on a voluntary basis and requiring guardianships for a person with an intellectual disability to be initiated and conducted under Iowa Code chapter 633 the Iowa Probate Code",yes,No Kansas,"Generally Individuals subject to both mental health- and substance use-related civil commitment matters have the right to counsel at all stages including at temporary custody hearings See Kan Stat Ann 59-2960 a 3 and 59-29b60 a 3 both provisions state Upon the filing of the petition the district court shall issue a n order appointing an attorney to represent the proposed patient at all stages of the proceedings and until all orders resulting from such proceedings are terminated see also Kan Stat Ann 59-2959 and 59-29b59 as to temporary custody matters There is no mention of an indigency requirement in any of these appointment provisions However costs including attorneys fees can be levied against the patient s estate to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct Kan Stat Ann 59-2981 59-29b81 But if a proposed patient is found not to be a mentally ill person subject to involuntary commitment under this act they cannot be made to pay the costs Id Instead the court may either order the petitioner to pay or the costs may be paid from the general fund of the county of the residence of the proposed patient As to unrepresented petitioners If the petitioner is unrepresented in a civil commitment matter including at the temporary custody stage the county or district attorney shall represent the petitioner See Kan Stat Ann 59-2965 e and 59-2959 as to mental health-related trials and temporary custody matters 59-29b65 e and 59-29b59 substance dependency-related trials and temporary custody matters However the goal of the county or district attorney is to aid the court in determining whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act So it seems as though the attorney serves in an ad litem-type role For minor respondents If a person is younger than 18 years of age their parent may apply to voluntarily admit them to a treatment facility Kan Stat Ann 59-2949 b 2 Although a minor between the ages of 14 and 17 can consent on their own behalf to their admission Id nothing mentions that a minor between those ages is able to object to an admission to which their parents consented which might trigger a right to counsel Though the section refers to admission the head of the treatment facility may divert the person to a less restrictive treatment alternative as may be appropriate Kan Stat Ann 59-2949 b 3 Notably the guardian of a minor as opposed to a parent cannot apply to voluntarily admit the minor without court authorization In such matters the minor does have a right to counsel pursuant to Kan Stat 59-3077 c 3",yes,No Kentucky,"In Doe v Austin the Sixth Circuit considered the rights of persons with intellectual disabilities who are under a guardianship where the guardian has admitted the person to a facility 848 F 2d 1386 6th Cir 1988 The Austin court found that such individuals were not voluntary patients And as involuntary patients the Equal Protection Clause of the Fourteenth Amendment required that they be afforded the same procedural protections as those provided to individuals subject to civil commitment proceedings due to their mental health Id at 1394-95 The court listed the procedural requirements established by the U S Supreme Court in Vitek v Jones 445 U S 480 1980 for inmates being involuntarily transferred to a mental health facility which included the provision of qualified and independent assistance The Austin court stated Without question due process requires that intellectually disabled adults in Kentucky receive at a minimum the procedural safeguards listed above If these basic safeguards are required before an inmate is transferred from a prison to a mental hospital surely a person thought to be intellectually disabled must be afforded at least the same level of protection before being removed from an ostensibly unfettered existence in society to the confines of an institution Austin 848 F 2d at 1394 The court rejected the idea that the participation of the parents of the proposed patient would constitute qualified and independent assistance stating that such assistance could hardly be deemed to be independent Id at 1394 n 7 internal citations omitted However because it is not clear whether the Sixth Circuit contemplated qualified and independent assistance to mean an attorney this development is classified as qualified The Austin court was silent on the matter and although it relied on Vitek the U S Supreme Court s decision in Vitek was a plurality only four out of five of the majority concluded that providing an attorney was necessary Justice Powell s opinion a concurrence in part expressed that he disagreed with the Court s opinion that the requirement of independent assistance demands that a licensed attorney be provided Vitek v Jones 445 U S 480 497-500 1980 Powell J concurring ---------------------------------- To respect the multitude of voices in the disability community we try to use person first and identity first language interchangeably",yes,Yes Kentucky,"In Denton v Commonwealth 383 S W 2d 681 682 Ky 1964 a case involving the predecessor statutes for involuntary mental illness hospitalizations the Court of Appeals which was the state high court at the time held that because such a proceeding may lead to the loss of personal liberty the defendant in that proceeding should be afforded the same constitutional protection as is given to the accused in a criminal prosecution The court referenced the Sixth Amendment to the U S Constitution and a comparable provision in the Kentucky Constitution but the court only discussed the right of confrontation supplied by those provisions and specifically held that the burden of proof and the manner of proceeding and the rules of evidence should be the same as those in any criminal or quasi criminal proceeding Earlier in the opinion s factual recitation the court did note that counsel had been appointed for the defendant Id at 682",yes,No Kentucky,"Generally There is a right to counsel for the subject of various civil commitment proceedings including for minors Mental health-related civil commitments There is a right to counsel for the subject of a mental health-related civil commitment proceedings under Ky Rev Stat Ann 202A 121 Substance dependency-related commitments Ky Rev Stat Ann 222 430 states 1 Involuntary treatment ordered for a person suffering from substance use disorder shall follow the procedures set forth in KRS 222 430 to 222 437 2 Except as otherwise provided for in KRS 222 430 to 222 437 all rights guaranteed by KRS Chapters 202A and 210 to involuntarily hospitalized mentally ill persons shall be guaranteed to a person ordered to undergo treatment for substance use disorder Therefore the right to counsel found in Ky Rev Stat Ann 202A 121 is applicable in involuntary commitment proceedings sought due to substance dependency Involuntary admission of individuals with intellectual disabilities As to the involuntary admission of individuals with an intellectual disability Ky Rev Stat Ann 202B 050 states All rights guaranteed by KRS Chapter 210 to mentally ill persons shall apply to individuals with an intellectual disability But the applicable Chapter also contains its own right to counsel provision at Ky Rev Stat Ann 202B 210 which provides Upon the filing of a petition for involuntary admission pursuant to KRS 202B 045 the court shall appoint an attorney to represent the respondent with the appointment and representation to continue unless the respondent retains private counsel As to minors Generally Minors may be hospitalized involuntarily for mental health-related reasons At certification and recertification hearings regarding minors the petitioner must show by clear and convincing evidence the below criteria for the child to be hospitalized involuntarily 1 The child is mentally ill or has symptoms of mental illness 2 The child is dangerous to himself or others 3 The child can benefit from treatment available only at a hospital and 4 No less restrictive alternative is available which will be effective in treating the child Ky Rev Stat Ann 645 090 The following individuals or entities may file a petition seeking to hospitalize a child A parent or other person exercising custodial control or supervision of a child including a hospital or the state or any interested person Ky Rev Stat Ann 645 040 The child is entitled to counsel at every stage of the proceedings and the court shall appoint counsel from the Department of Public Advocacy Ky Rev Stat Ann 645 060 The child s parents may be ordered to pay for counsel Id Voluntary admission of child 16 years of age or older who later revokes consent Presumptive right to counsel A child 16 years of age or older may consent on their own behalf to admission or may consent to their admission along with one of their parents or a person exercising custodial control or supervision Ky Rev Stat Ann 645 030 1 b - c Such children have the right to provide notice of their intent to leave at any time and must be notified of that right Id see also Ky Rev Stat Ann 645 190 Any child who was admitted pursuant to KRS 645 030 1 b or c may give notice of intent to leave at any time If the hospital receives notice of contest of the intent to leave it may continue the hospitalization on an involuntary basis until a hearing has been held and the court determines otherwise Ky Rev Stat Ann 645 210 The right to counsel found in 645 090 presumably applies at the hearing Voluntary admission of child younger than 16 where consent given by parent Seemingly no procedure to object If a child is less than 16 years of age a parent or other person exercising custodial control or supervision of the child may consent to the child s admission on the child s behalf through written application Ky Rev Stat Ann 645 030 1 a But if the child reaches their sixteenth birthday while hospitalized they must consent to their continued hospitalization or shall request his or her release Id It does not appear that minors younger than 16 whose parent or guardian consented to their admission or treatment have the ability to object a process to which the right to counsel may attach since Section 645 190 Child s right to file notice of intent to leave does not provide that such a child has the right to file such notice Substance dependency matters Although nothing in the section covering Involuntary Treatment for Substance Use Disorder seems to limit its use to those 18 years of age or older Ky Rev Stat Ann 222 440 titled Capacity of juvenile to consent to treatment petition to district court by minor hospitalized or treated involuntarily was repealed so it is unclear whether those provisions apply to minors However under the Juvenile Code Mental Health Act chapter Mentally ill child means that considering the child s age and development the child has a substantially impaired capacity to use self-control judgment or discretion in the conduct of the child s affairs and social relations the child s behavior is maladaptive or the child exhibits recognized emotional symptoms which can be related to physiological psychological or social factors Ky Rev Stat Ann 645 020 8 Behavioral issues could presumably include substance dependency matters",yes,No Louisiana,"Generally Adults and children have a right to counsel in civil commitment proceedings As to adults Civil commitment may be sought for either mental health or substance dependency reasons See La Stat Ann 28 55 If the court makes the requisite findings that the respondent is dangerous to self or others or is gravely disabled as a result of a substance-related or addictive disorder or mental illness it shall render a judgment for his commitment The right to counsel attaches as follows In the event the respondent does not select counsel and is unable to pay for counsel or in the event counsel selected by the respondent refuses to represent the respondent or is not available for such representation then the court shall appoint counsel for the respondent La Stat Ann 28 55 The initial notice of the proceeding that is given to the respondent must inform them about the right to counsel including the right to have Mental Health Advocacy Service counsel appointed if they are indigent or otherwise qualified La Rev Stat Ann 28 54 C In the court s discretion the respondent or the petitioner can be made to pay for the reasonable compensation of appointed counsel if either is found financially capable La Stat Ann 28 55 B If the court does not impose costs against either then the attorney is paid from funds appropriated to the judiciary Id As to children Generally The Louisiana Children s Code contains a title covering mental health proceedings which provides minor respondents with the right to counsel i n the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation La Child Code Ann art 1442 A If counsel is appointed representation is provided by the Mental Health Advocacy Service Id The code also requires that children subject to such proceedings are notified of their right to counsel See La Child Code Ann art 1436 Commitment of children under this section can be sought for mental health or substance dependency reasons See LA Ch C Art 1434 Any adult may file with the court a petition which asserts his belief that a minor is suffering from mental illness or is suffering from substance abuse which contributes or causes the minor to be a danger to himself or others or to be gravely disabled It appears that the same provisions used to involuntarily institutionalize a minor can be used to compel treatment on an outpatient basis The Declaration of policy requires that involuntary treatment is provided in a setting that is the least restrictive of the minor s liberty LA Ch C Art 1402 2 and t hat minors be protected from unnecessary institutionalization Id at 8 see also La Child Code Ann Art 1447 if the court makes requisite findings it shall render a judgment for his commitment to a designated treatment facility which is medically suitable and least restrictive of his liberty La Child Code Ann art 1404 Treatment includes but is not limited to hospitalization partial hospitalization outpatient services examination diagnosis training the use of pharmaceutical and other services provided for patients by a treatment facility Systems-involved children In the code section covering delinquency matters La Child Code Ann art 809 C provides No child shall be admitted to a public or private mental institution or institution for the mentally ill unless he has been represented by retained private counsel who represents only the child s interest or by an attorney from the Mental Health Advocacy Service unless its executive director has determined that its attorneys are unavailable Any attorney from the Mental Health Advocacy Service so appointed shall continue to represent the child in any proceeding relating to admission change of status or discharge from the mental hospital or psychiatric unit Furthermore such a child is prohibited from waiving their right to counsel in cases where it has been recommended to the court that the child be placed in a mental hospital psychiatric unit or substance abuse facility or where the court seeks to modify said dispositions La Child Code Ann art 810 D Additionally in the context of child welfare matters and i n any dispositional or postdispositional hearing which may result in the mental health institutionalization of a child who is in the custody of the state the child shall be entitled to an attorney appointed by the Mental Health Advocacy Service unless unavailable as determined by the director La Child Code Ann art 607 D If the child s parents are found to be financially able to pay for the costs of the attorneys fees the court may require them to pay some or all of the expenses La Child Code Ann rt 607 C",yes,No Maine,"There is a right to counsel in civil commitment proceedings Me Rev Stat Ann tit 34-B 3864 5 D 2012 The Supreme Judicial Court of Maine has said that appointment of counsel under 3864 5 D is mandatory in the sense that the person subjected to commitment does not have the option of proceeding pro se In re Penelope W 19 A 3d 813 Me 2011",yes,No Maryland,"In Mercer v Thomas B Finan Ctr the Maryland Court of Appeals interpreted Md Code Ann Health-Gen 10-708 i 4 ii to hold that when an involuntarily committed patient appeals a clinical review panel s decision to forcibly medicate the patient the patient has a right to counsel upon request and that the right cannot be waived absent verification that the patient has knowingly and voluntarily waived the right to counsel In the case the patient had checked a box on a form indicating he waived counsel but on the day of the hearing requested counsel The administrative law judge interpreted this as a request for a continuance which was denied on the grounds that the patient had waived the right to counsel and then waited too long to change his mind The Court of Special Appeals held that 10-708 i 4 ii does provide a right to counsel upon request but that the request must be timely and the ALJ did not abuse their discretion in denying the day-of request in light of the prior waiver The Court of Appeals held that the right to request representation language in 10-708 i 4 ii means the right to counsel upon request as opposed to just a right to ask for a lawyer that can be denied by in part noting that the right to a hearing is similarly phrased in the form of a request The Court then rejected the argument that the request for counsel must be made within 48 hours as is the case for requesting a hearing The Court then determined the procedure for determining waiver Applying the Mathews v Eldridge analysis the Court determined the patient has a significant protected liberty interest that the waiver form as designed was insufficient to advise the patient of what was being waived and that the State had not shown there would be signfiicant cost in delaying the hearing It then observed that Because an individual subject to forced medication under HG 10-708 b 2 is necessarily hospitalized involuntarily or committed for treatment by order of a court determining that the waiver of the right to counsel is the product of the individual s free will and that the individual has been advised of the nature of the right and the consequences of waiving the right is paramount It also rejected the State s contention that the patient rights advisor s advisement there would be no attorney at the hearing as the result of his checking the box on the form was sufficient holding that Advising a person that as a result of checking a box or a line on a form there would be no attorney at a hearing is not the equivalent of notification that the right to counsel exists upon request and that the right is being waived However the Court added that We do not hold that an election on paperwork can never operate as a waiver of an individual s right to request counsel under HG 10-708 With proper advisements it could It stated that the form could be redrafted to effectively advise an individual of the right to request the assistance of counsel under HG 10-708 and the consequences of electing not to do so and to verify that a waiver or declination of the right is an individual s knowing and voluntary choice The ruling was covered by the Maryland Daily Record",yes,No Maryland,"Generally Adults and minors subject to involuntary commitment matters have the right to counsel It appears as though commitment may be sought due to mental health concerns but not due to substance dependency or alcoholism There does not appear to be a procedure for a minor to object to an admission to which their parent or guardian consented on their behalf for which the right to counsel may attach As to adults An individual may be involuntarily admitted due to Mental disorder which is defined as a behavioral or emotional illness that results from a psychiatric disorder and which includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another Md Health-General Code 10-101 i Specifically excluded from the definition is intellectual disability Id Indigent individuals subject to civil commitment matters due to their mental health are entitled to representation The public defender shall represent an indigent individual in any other proceeding where confinement under a judicial commitment in a public or private institution may result Md Code Crim Proc 16-204 b 1 iv In Dorsey v Solomon 435 F Supp 725 D Md 1977 finding federal due process and equal protection right to counsel and notice for involuntarily committed persons found not guilty by reason of insanity the court referenced a decision by a Maryland nisi prius court which the Attorney General agreed to follow establishing that the court would appoint counsel for an indigent prospective civil committee without requiring that the individual actually request counsel Id at 733 citing Briggs v Mandel Civil No 54644 Circuit Court of Baltimore City Feb 28 1975 Regulation 10 04 03 of the State Department of Health and Mental Hygiene It appears that provision still exists in a Department of Health and Mental Hygiene regulations which states the individual is to be provided Notice of the individual s right to consult with an attorney of the individual s choice and if the individual is unable to afford an attorney the availability of representation at the hearing through the Office of the Public Defender Mental Health Division Md Code Regs 10 21 01 06 2013 Involuntary treatment in the context of commitment Once in an institution an individual only has the right to request assistance from a lay advisor prior to a panel decision on whether to involuntarily administer medication Md Health-General Code Ann 10-708 e 2 iv After the panel decision the individual must be informed of the right to request representation or assistance of a lawyer or other advocate of the individual s choice Md Health-General Code Ann 10-708 i 4 ii Maryland s highest court has interpreted this provision to provide a right to counsel upon request To learn more about this case see Maryland Litigation Involuntary Medical Treatment MD high court finds right to counsel for patients facing forced medication As to minors Generally In Johnson v Solomon 484 F Supp 278 D Md 1979 a federal court relying in part on Maryland s Juvenile Causes Act Md Code Ann Cts Jud Proc 3-813 formerly 3- 821 and Maryland Rule 11-106 formerly Rule 906 established the right to counsel for youth in juvenile mental health commitment hearings as well as in mandatory six-month reviews for individuals confined to a mental hospital Objections to a voluntary admission made on minor s behalf No such proceeding A minor sixteen years of age or older may apply on their own behalf for their admission Md Health-General Code Ann 10-609 or a parent guardian may apply on the minor s behalf for a voluntary admission Md Health-General Code Ann 10-610 There does not appear to be a procedure through which a minor can object to a voluntary admission made on their behalf by a parent or guardian for which the right to counsel may ordinarily attach",yes,No Massachusetts,"Indigent persons shall be appointed counsel in commitment or retention hearings M G L ch 123 5 mental health title Upon admission of the person to a designated facility the facility shall inform the person that it shall upon such person s request notify the committee for public counsel services of the name and location of the person admitted M G L ch 123 12 b The statute adds that The committee for public counsel services shall immediately appoint an attorney who shall meet with the person If the appointed attorney determines that the person voluntarily and knowingly waives the right to be represented is presently represented or will be represented by another attorney the appointed attorney shall so notify the committee for public counsel services which shall withdraw the appointment Id Anyone can apply for a three day commitment to a facility of a mentally ill person whom the failure to confine would cause a likelihood of serious harm M G L ch 123 12 e The statute adds that The court shall appoint counsel to represent said person Indigent persons shall be appointed counsel in hearings for medical treatment including antipsychotic medication treatment M G L ch 123 5 mental health title See also M G L ch 123 8B d After hearing upon petition regarding antipsychotic medication treatment court shall not authorize medical treatment unless among other requirements it determines after careful inquiry and upon representations of counsel that there are not contested issues of fact Any person may make written application to a justice of a superior court at any time and in any county stating that he believes a person being retained in a facility after having been civilly committed should no longer be retained or that the person should no longer be given medical treatment M G L ch 123 9 b The statute adds that The justice shall appoint any attorney to represent any applicant whom he finds to be indigent If it is proposed to transfer a person with an intellectual disability from one residential facility to another the person shall have the right to counsel in adjudicatory hearings regarding the transfer but the statute does not state whether counsel will be appointed in the event the person is unable to retain counsel M G L ch 123B 3 Under Massachusetts law police officers physicians spouses blood relatives guardians and court officials may petition any district court or any juvenile court department for an order of commitment of a person believed to be an alcoholic or substance abuser as defined under Massachusetts General Law ch 123 35 At a hearing the person has the right to be represented by legal counsel and If the court finds the person indigent it shall immediately appoint counsel M G L ch 123 35 Denial of counsel where there is an invalid waiver constitutes structural error A 2024 case examined whether the court erred by failing to determine the respondent s competency to waive counsel before allowing her to represent herself at the commitment hearing See In the Matter of E T NO 22-ADMH-93NO Mass Ct App Sept 22 2022 Though the commitment matter was brought pursuant to M G L A 123 16 which relates to individuals found incompetent to stand trial in a criminal matter it may shed light on the appellate court s stance about the importance of the right to counsel in commitment matters generally The appellate court in E T vacated the order of commitment finding that the lower court s failure to appropriately inquire as to the validity of the respondent s waiver of her right to counsel constituted structural error When faced with an apparent desire by a respondent to represent herself at a mental health-related hearing the court wrote a judge must follow a three-step process to determine whether a waiver of counsel is valid Matter of J S 2024 Mass App Div 12 14",yes,No Michigan,"A federal court held that in Michigan civil commitment cases the respondent has the right to legal counsel and if indigent to appointed counsel to assist him at every step of the commitment proceedings and further that he must be notified of this right at the outset of the proceedings Bell v Wayne Cty Gen Hosp At Eloise 384 F Supp 1085 109 E D Mich 1974 The court relied on In re Gault 387 U S 1 1967 finding right to counsel for juveniles in delinquency proceedings as well as decisions from other federal courts",yes,No Michigan,"Generally Individuals have the right to an attorney in involuntary mental health treatment and commitment matters Adults have the right to counsel in such matters sought due to alleged substance dependency while minors between the ages of 14 and 17 merely have the right to a guardian ad litem GAL Because minors are entitled only to a GAL and it appears that the GAL does not need to be an attorney the right to counsel is classified as qualified Due to mental health The Mental Health Code chapter governing Civil Admission and Discharge Procedures Mental Illness indicates that an individual may be compelled to participate in treatment on either in inpatient or outpatient basis See Mich Comp Laws 330 1400 f defining involuntary mental health treatment as court-ordered hospitalization assisted outpatient treatment or combined hospitalization and assisted outpatient treatment as described in section 468 Under the chapter Mental illness is defined as a substantial disorder of thought or mood that significantly impairs judgment behavior capacity to recognize reality or ability to cope with the ordinary demands of life Id at g Accordingly a separate provision governs involuntary commitment and treatment matters sought due to the respondent s alleged dependency on alcohol or other substances discussed below As to the right to counsel in involuntary commitment and treatment matters sought due to mental health Mich Comp Laws 330 1454 states 1 Every individual who is the subject of a petition is entitled to be represented by legal counsel 2 Unless an appearance has been entered on behalf of the subject of a petition the court shall within 48 hours after its receipt of any petition together with the other documents required by section 452 appoint counsel to represent the subject of the petition except that if an individual has been hospitalized under section 423 or 438 counsel shall be appointed within 24 hours after the hospitalization 3 If after consultation with appointed counsel the subject of a petition desires to waive his or her right to counsel he or she may do so by notifying the court in writing 4 If the subject of a petition prefers counsel other than the initially appointed counsel the preferred counsel agrees to accept the appointment and the court is notified of the preference by the subject of the petition or the preferred counsel the court shall replace the initially appointed counsel with the preferred counsel 5 If the subject of a petition is indigent the court shall compensate appointed counsel from court funds in an amount that is reasonable and based upon time and expenses 6 The supreme court may by court rule establish the compensation to be paid for counsel of indigents and may require that counsel be appointed from a system or organization established for the purpose of providing representation in proceedings governed by this chapter Waiver Waiver of the right to counsel may only occur in open court and after consultation with an attorney Further the waiver must be rejected if it appears that the waiver is not voluntarily and understandingly made In the event that the waiver of counsel is accepted the court has discretion to appoint a guardian ad litem Mich Ct R Rule 5 732 Appeals of individuals returned to hospital after authorized leave In regards to appeals w hen an individual receiving involuntary mental health treatment has been returned to a hospital from an authorized leave in excess of 10 days the director of the center must within 24 hours notify the court of the return and notify the individual of the right to appeal the return and have a hearing to determine the appeal Mich Ct R 5 743 B The court must notify the individual s attorney or appoint a new attorney to consult with the individual and to determine whether the individual desires a hearing Id Guardianship context Persons subject to guardianship also have the right to counsel in involuntary commitment matters Although a guardian has authority to consent on the protected person s behalf for medical mental health or other progressional care counsel treatment or service a guardian cannot consent to or approve of inpatient hospitalization unless the court has expressly granted this power in the court order Mich Comp Laws 700 5314 c If the protected person objects or actively refuses mental health treatment the guardian must follow the procedures in the mental health code for involuntary mental health treatment Id Formal voluntary hospitalization Provider objects to patient s request to terminate treatment A person 18 years of age or older may be hospitalized or otherwise treated as a formal voluntary patient if they execute a written consent with the mental health facility for mental health treatment as a formal voluntary patient or t he full or limited guardian with authority to execute a written consent to mental health treatment or a patient advocate authorized by the individual to make mental health treatment decisions under the estates and protected individuals code 1998 PA 386 MCL 700 1101 to 700 8206 executes a written consent to provide mental health treatment Mich Comp Laws Ann 330 1415 But when a formal voluntary patient or their authorized agent provides written notice of an intention to terminate the patient s mental health treatment they shall not be hospitalized or provided mental health treatment for more than 3 days excluding Sundays and holidays after such notice is provided Mich Comp Laws Ann 330 1419 However if the hospital director or provider believes that the patient is a person requiring treatment and should remain in the hospital or continue to receive mental health treatment they may file a petition with the court in compliance with M C L A 330 1434 Filing of petition for hospitalization or assisted outpatient treatment See Mich Comp Laws Ann 330 1420 Treatment or hospitalization may continue pending hearings under Sections 451 to 465 id in which case the right to counsel found in Mich Comp Laws 330 1454 discussed above would attach Due to substance dependency The statute governing Substance Use Disorder Services is also found within the Mental Health Code and uses much of the same terminology e g involuntary treatment discussed above See Mich Comp Laws Ann 330 1260 to 330 1287 Accordingly it appears that an individual may be compelled to participate involuntarily in treatment for substance dependency on either an inpatient or outpatient basis See also Mich Comp Laws Ann 330 1281c a court may order the respondent held for treatment for a period not to exceed 72 hours if the court finds by clear and convincing evidence that the person presents an imminent danger or imminent threat of danger to self family or others Mich Comp Laws Ann 330 1281b governs the procedure used to compel treatment and provides for a right to counsel at paragraph 2 c If after reviewing the contents of the petition and examining the petitioner under oath it appears to the court that there is probable cause to believe the respondent may reasonably benefit from treatment the court shall do all of the following C Notify the respondent that the respondent may retain counsel and if the respondent is unable to retain counsel that the respondent may be represented by court-appointed counsel at public expense if the respondent is indigent Mich Comp Laws Ann 330 1281b 2 C As to minors Right to guardian ad litem Presumably the GAL need not be an attorney Unlike the Mental Health Code chapter governing Civil Admission and Discharge Procedures Mental Illness which does not restrict its provisions to individuals 18 years of age or older or provide separate procedures governing minor respondents the Substance Use Disorder Services chapter contains provisions specific to the treatment of juveniles See Mich Comp Laws Ann 330 1266 1 A minor s parent or person in loco parentis to a minor may petition the court requesting the court s determination as to whether treatment and rehabilitation services are necessary for the minor 330 1260 1 e defining a Minor as an individual 14 or more years of age and less than 18 years of age Upon receipt of a petition requesting the court s determination as to whether treatment and rehabilitation services are necessary the court shall appoint a guardian ad litem for the minor Id at 2 The right to a guardian ad litem also extends to matters related to court review of the minor s treatment plan which must occur at various intervals The minor has the right to object to the plan and a t the minor s request the minor s guardian ad litem shall assist the minor in properly submitting the objection Mich Comp Laws Ann 330 1267 1 3 Unfortunately the chapter s definition section does not provide a definition for guardian ad litem so it is not clear whether the GAL must be an attorney See Mich Comp Laws Ann 330 1260 However the section does make clear that court refers to the probate court See 330 1260 b Chapter 5 of the Michigan Court Rules governs Probate Court But Mich Ct R Rule 5 121 found in the General Provisions and titled Guardian ad litem Visitor simply states that t he court shall appoint a guardian ad litem when required by law The subchapter containing Mental Health Rules also fails to address a GAL s qualifications See Mich Ct R Rule 5 730 Previously Chapter 5 contained a subchapter specific to juveniles Subchapter 5 900 -- Subchapter 5 900 was deleted effective May 1 2003 and many of its provisions relocated to subchapter 3 900 Assuming then that Mich Ct R Rule 3 916 Guardian Ad Litem is applicable the GAL need not be an attorney",yes,Yes Minnesota,"Generally A person who is subject to a civil commitment matter has the right to counsel at any proceeding Due to mental health substance dependency or developmental disability The same statutory scheme covers all civil commitment matters whether sought due to mental health chemical dependency or developmental disability See e g Minn Stat Ann 253B 09 a If the court finds by clear and convincing evidence that the proposed patient is a person who poses a risk of harm due to mental illness or is a person who has a developmental disability or chemical dependency Counsel will be court appointed if the patient or others fail to secure counsel at the time a commitment petition is filed See Minn Stat 253B 07 subd 2c The right to counsel applies at any proceeding and counsel shall continue to represent the person throughout any proceedings under this chapter unless released as counsel by the court Minn Stat Ann 253D 20 The right to counsel may be waived if the waiver is knowing and intelligent Matter of Commitment of Benson No A22-1840 2024 WL 4551311 -- N W 3d -- Minn Oct 23 2024 forthcoming As to administration of neuroleptic medications Unless there is an emergency neuroleptic medications also known as antipsychotic medications cannot be administered to a committed patient without their consent or the consent of the substitute decision-maker without a court order Minn Stat 253B 092 subd 8 Prior to a hearing regarding whether neuroleptic medication should be administered involuntarily the patient must be examined by a court examiner Id at b Paragraph b goes on to state that The patient is entitled to counsel and a second court examiner if requested by the patient or patient s counsel Id As to minors It seems that the above statutes may apply to minors as well as nothing in the definitions section appears to limit the proceedings to those 18 years of age or older See Minn Stat 253B 02 subd 2 defining Chemically dependent person and subd 17-18 defining Person who has a mental illness and is dangerous to the public Person who poses a risk of harm due to a mental illness and Person with a developmental disability Furthermore the section of the code covering voluntary treatment specifies that anyone who is 16 years of age or older may consent on their own behalf to their admission or treatment Minn Stat 253B 04 a As to those younger than 16 their parent or guardian may consent on their behalf Id Objection to admission where parent or guardian consented on behalf of individual younger than 16 years of age No such proceeding The code does not mention a procedure through which a minor younger than 16 may object to an admission where consent was provided on their behalf by a parent or guardian which may ordinarily trigger a right to counsel",yes,No Mississippi,"When an indigent person is subject to involuntary medical treatment or civil commitment matters under Miss Code Ann 41-21-61 et seq there is a right to counsel and this right is apparently not tied to indigence Miss Code Ann 41-21-67 4 when affidavit filed suggesting person is in need of treatment If the chancellor determines that the respondent for any reason does not have the services of an attorney the chancellor shall immediately appoint an attorney for the respondent at the time the examiners are appointed 41-21-83 for continued commitment hearing The clerk shall ascertain whether the patient is represented by counsel and if the patient is not represented shall notify the chancellor who shall appoint counsel for him if the chancellor determines that the patient for any reason does not have the services of an attorney however the patient may waive the appointment of counsel subject to the approval of the court 41-21-102 8 A patient has the right to be represented by counsel at any proceeding under sections 41-21-61 through 41-21-107 The court shall appoint counsel to represent the proposed patient if neither the proposed patient nor others provide counsel In all proceedings under section 41-21-61 through 41-21-107 counsel shall a consult with the person prior to any hearing b be given adequate time to prepare for all hearings c continue to represent the person throughout any proceedings under this charge unless released as counsel by the court and d be a vigorous advocate on behalf of his client Alcoholism- or drug addiction-related matters Individuals subject to involuntary medical treatment proceedings due to alcohol or drug addiction also have the right to counsel pursuant to Miss Code Ann 41-31-5 2 and 41-32-5 2 as to private treatment facilities both of which provide as follows The clerk must ascertain whether the respondent is represented by an attorney and if it is determined that the respondent does not have an attorney the clerk immediately must notify the chancellor of that fact If the chancellor determines that the respondent for any reason does not have the services of an attorney the chancellor shall appoint an attorney for the respondent before a hearing on the affidavit",yes,No Missouri,"While 632 335 2 1 only speaks of the right in psychiatric treatment commitment proceedings to be represented by an attorney 632 415 adds that the court must maintain a current register of attorneys who have agreed to be appointed to represent respondents against whom proceedings have been instituted and that i f the judge finds that the respondent is unable to pay attorney s fees the judge shall allow a reasonable attorney s fee which fee shall be assessed as costs and paid by the state See also 632 325 4 respondent must be advised that An attorney has been appointed who will represent the respondent before and after the hearing Involuntary commitment for drug and alcohol abuse rehabilitation is accompanied by a similar right to counsel See 631 135 4 The personnel of the alcohol or drug abuse facility shall advise the respondent that a n attorney has been appointed who will represent him before and after the hearing to determine whether his detention will continue",yes,No Montana,"In Matter of Simons 698 P 2d 850 851 Mont 1985 the court considered a denial of counsel in a case involving involuntary civil commitment for mental health reasons The Court noted the existence of a statutory right to counsel for such proceedings then commented that s ection 53 21 115 MCA gives a person against whom a petition for involuntary commitment has been filed all rights guaranteed by the constitutions of the United States and of the state of Montana including the right to counsel The Court also held that the failure to provide an attorney is a violation of both his statutory and constitutional rights of due process",yes,Yes Montana,"Generally There is a right to representation by the public defender in various types of civil commitment proceedings for minors and adults Commitment due to developmental disabilities In proceedings for the involuntary commitment recommitment or emergency commitment of a developmentally disabled individual to a residential facility the court shall direct the state public defender s office to appoint counsel for the individual pursuant to the Montana Public Defender Act MPDA See Mont Code Ann 53-20-112 3 See also 47-1-104 4 b v implementing provision of MPDA Upon request the court shall also direct the state public defender s office to appoint counsel for the parents or guardian if determined to be indigent pursuant to MPDA eligibility rules See 53-20-112 3 See also 47-1-104 4 a vii implementing provision of MPDA See generally 47-1-111 MPDA eligibility rules Mental health-related commitments The MPDA gives the court discretion to appoint a public defender pursuant to 53-21-116 for an indigent person subject to proceedings for involuntary commitment for mental health treatment See Mont Code Ann 47-1-104 4 a viii However 53-21-116 in turn provides that If the person is indigent or if in the court s discretion assignment of counsel is in the best interest of justice the judge shall order the office of state public defender provided for in section 1 to immediately assign counsel to represent the person at either the hearing or the trial or both emphasis added The right to counsel may not be waived 53-21-119 1 Under the chapter mental disorder is defined as any organic mental or emotional impairment that has substantial adverse effects on an individual s cognitive or volitional functions The term explicitly does not include substance dependency drug or alcohol intoxication intellectual disability or epilepsy 53-21-102 9 The right to counsel also includes the right to effective assistance of counsel See Matter of J S 401 P 3d 197 Mont 2017 T he right to the effective assistance of counsel in civil commitment proceedings is grounded not only in Montana s express statutes providing for the right to counsel but also in the Due Process Clause of the United States Constitution and Montana s Constitution Substance use dependency-related commitments In proceedings to commit or recommit a person for involuntary alcoholism treatment t he court shall inform the person of the person s right to have assigned counsel pursuant to the MPDA if the person wants the assistance of counsel and is unable to obtain private counsel See Mont Code Ann 53-24-302 9 See also 47-1-104 4 a ix permitting appointment for an indigent person as provided in 53-24-302 Further i f the court believes that the person needs the assistance of counsel the court shall assign counsel regardless of the person s wishes 53-24-302 9 As to minors Mental health-related commitments Voluntary admission Release request A minor 16 years of age or older may consent on their own behalf to admission for mental health treatment Mont Code Ann 53-21-112 2 Such a minor has the right to request that they be released within 5 days as provided for in Section 53-21-111 3 Id at 4 A minor s parent or guardian may also consent on behalf of the minor to the minor s admission Id at 1 Similarly a minor admitted through the consent of their parent or guardian has the right to be released within 5 days of their parent or guardian making such a request Id at 4 The statute does not mention a procedure through which a minor may object to an admission made pursuant to their parent or guardian s consent which may trigger a right to counsel However the section does goes on to provide generally Unless there has been a periodic review and a voluntary readmission consented to by the parent or guardian in the case of a minor patient or consented to by the minor alone in the case of a minor patient who is at least 16 years of age voluntary admission terminates at the expiration of 1 year At the minor s request or at any time that the minor is faced with potential legal proceedings the court shall order the office of state public defender provided for in 2-15-1029 to assign counsel for the minor Involuntary commitment The provisions discussed above appear to be equally applicable to minors Nothing in the mental health code indicates that its involuntary commitment provisions are restricted to adults as the definition of Respondent is not age restricted Section 53-21-102 18 states Respondent means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment Accordingly the involuntary mental health commitment proceedings discussed above and the associated right to counsel presumably apply to minors as well Substance dependency- and developmental disabilities-related commitments Similarly the sections covering the involuntary commitment and recommitment of those suffering from substance dependency as well as the commitment provisions relevant to those with developmental disabilities and the associated rights to counsel seem to apply to minors For example the section on substance dependency commitments specifically states that notice should be served on a parent or guardian if the respondent is a minor See Mont Code Ann 53-24-302 2 7 And the section covering procedural rights in commitments related to developmental disability states that the parents or guardian of a respondent has the right to be represented by counsel in any hearing Mont Code Ann 53-20-112 2",yes,No Nebraska,"Indigent respondents have a right to counsel in civil commitment cases. ",yes,No Nevada,"When a person with an intellectual disability or a person with a related condition is involuntary confined to an intellectual disability center the court is required to appoint counsel Nev Stat 435 126 3",yes,No Nevada,"In any proceedings for the involuntary admission of an allegedly mentally ill person the court shall appoint counsel to represent the person appointed counsel may be the public defender or his or her deputy Nev Stat 433A 270 1 Appointed counsel s fees must be charged against the estate of the person for whom the counsel was appointed or if the person is indigent against the county where the person alleged to be a person with mental illness last resided 433A 270 2 Likewise in any proceedings for the involuntary admission of a person with an intellectual disability or a related condition to an intellectual disability center the court is also required to appoint counsel for the person 435 126 3 If the person is indigent the counsel appointed may be the public defender Id Appointed counsel s fees must be charged against the property of the person for whom the counsel was appointed If the person is indigent the compensation must be charged against the county in which the person alleged to be a person with an intellectual disability or a related condition last resided 435 126 4",yes,No "New Hampshire","A person has the absolute and unconditional right to legal counsel in an involuntary civil commitment proceeding in probate court N H Rev Stat Ann 135-C 22 If the client or person sought to be admitted is unable to pay for counsel the court shall appoint either a member of New Hampshire Legal Assistance or its successor organization or another attorney who shall be compensated at a rate as determined by the supreme court N H Rev Stat Ann 135-C 23",yes,No "New Jersey","in Matter of S L 462 A 2d 1252 N J 1983 the New Jersey Supreme Court found a federal due process right to counsel in civil commitment and relied upon Vitek v Jones 445 U S 480 1980 defining prisoner s rights during involuntary transfer to a mental health facility",yes,No "New Jersey","There is a right to counsel for indigent persons subject to short- or long-term civil commitment N J Stat Ann 30 4-27 14 a 30 4-27 11 c The short-term confinement statute specifies that the appointed attorney shall be paid for by the appropriate government agency N J R 4 74-7 g 1 specifies that the patient has the right to appointed counsel when seeking to convert from involuntary to voluntary status with previously appointed counsel serving in this role while N J R 4 74-7 g 2 requires the appointment of counsel for a patient admitted voluntarily absent a court order in order to determine if the patient gave informed consent to the voluntary treatment The patient also has the right to counsel it does not specifically say appointed counsel in all placement review proceedings N J R 4 74-7 h 2 In regards to initial detention for the purposes of conducting a psychiatric screening New Jersey enacted SB 3929 in 2023 which provides that a person generally cannot be detained by a general hospital or emergency department facility for longer than 72 hours without a temporary court order authorizing an additional 72-hour hold Upon applying for court authorization for the additional hold the Office of the Public Defender shall be notified of the application and appointed to represent the patient",yes,No "New Mexico","Generally There is a right to counsel for adults and most children in involuntary commitment proceedings Because children younger than 14 years of age are entitled only to a guardian ad litem and not to an attorney the right to counsel is classified as qualified Mental health- and developmental disability-related commitments N M Stat 43-1-4 provides that in all mental health and developmental disabilities proceedings The court shall appoint counsel to represent a client who has not retained counsel and is unable to do so When appointing counsel the court shall give preference to nonprofit organizations offering representation to persons with a mental illness or a developmental disability A client shall be liable for the cost of legal representation unless the client is indigent Additionally developmentally disabled adults subjected to involuntary commitment in residential care have a right to counsel N M Stat Ann 43-1-13 D At the hearing on the petition the proposed client shall be represented by counsel Under the code developmental disability or intellectual disability refers to a severe chronic disability attributable to significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior cerebral palsy autism or neurological dysfunction that requires similar treatment or habilitation And mental disorder is defined as a substantial disorder of a person s emotional processes thought or cognition that grossly impairs judgment behavior or capacity to recognize reality but does not mean developmental or intellectual disability See N M Stat Ann 43-1-3 I and P Accordingly it does not seem that this code section can be used to order civil commitment due to substance dependency Substance dependency-related commitments The procedures for involuntary inpatient treatment for substance abuse was repealed See N M Stat Ann 43-2-9 repealed July 1 2005 As to minors A child shall be represented by an attorney at all commitment or treatment guardianship proceedings under the Children s Mental Health and Developmental Disabilities Act if the child is fourteen years of age or older or by a guardian ad litem if the child is under fourteen years of age N M Stat Ann 32A-6A-13 A",yes,Yes "New York","In People ex rel Rogers v Stanley 17 N Y 2d 256 259 1966 the New York Court of Appeals cited to various U S Supreme Court cases such as Gideon v Wainwright Douglas v People of State of California and Griffin v People of State of Illinois to hold that an indigent mental patient who is committed to an institution is entitled in a habeas corpus proceeding brought to establish his sanity to the assignment of counsel as a matter of constitutional right The court did not address the right to counsel at the proceeding to establish commitment See also Matter of Andrea B 405 N Y S 2d 977 Fam Ct 1978 in case involving juvenile subject to involuntary commitment court cites to Rogers v Stanley as well as Powell v State of Ala 287 U S 45 1932 for holding that the right to counsel including assigned counsel for the indigent is a due process right",yes,Yes "New York","A hospital may involuntary admit a patient suffering from mental illness on the medical certification of two doctors N Y Mental Hyg Law 9 27 a According to N Y Mental Hyg Law 47 03 The mental hygiene legal service in each judicial department of the state shall perform the following duties To inform patients or residents of the patients or residents right to be represented by legal counsel To provide legal services and assistance to patients or residents and their families related to the admission retention and care and treatment of such persons to provide legal services and assistance to subjects of a petition or patients subject to section 9 60 of this chapter and to inform patients or residents their families and in proper cases others interested in the patients or residents welfare of the availability of other legal resources which may be of assistance in matters not directly related to the admission retention and care and treatment of such patients or residents See also N Y Mental Hyg Law 9 27 f Following admission to a hospital no patient may be sent to another hospital by any form of involuntary admission unless the mental hygiene legal service has been given notice thereof N Y Mental Hyg Law 9 39 a 2 when person alleged to be mentally ill and involuntarily admitted to hospital pursuant to emergency procedure mental health legal service is notified and can schedule a hearing N Y GL ch 123 9 Any person may make written application to a justice of superior court at any time and in any county stating that he believes or has reason to believe that a person named in such application is retained in a facility or the Bridgewater state hospital who should no longer be so retained giving the names of all persons interested in his confinement and requesting his discharge or other relief The justice shall appoint an attorney to represent any applicant whom he finds to be indigent A court also may appoint counsel in a civil proceeding to commit or transfer a person to or retain him in a state institution when such person is alleged to be mentally ill mentally defective or a narcotic addict N Y Jud Law 35 1 a Patients involuntarily committed to a facility whose objections to their care and treatment were overruled have a right to have legal counsel appear for them to appeal the treatment decision N Y Comp Codes R Regs tit 14 27 8 d",yes,No "North Carolina","An indigent person is entitled to counsel in a proceeding for inpatient involuntary commitment for either mental health or substance abuse N C Gen Stat 7A-451 a 6 N C Gen Stat 7A-451 b specifies that entitlement to the services of counsel begins as soon as feasible after the indigent is taken into custody or service is made upon him of the charge petition notice or other initiating process and entitlement continues through any critical stage of the action or proceeding This statutory provision also lists a number of situations that are definitively considered critical See also N C Gen Stat 122C-270 which states a In a superior court district or set of districts as defined in G S 7A-41 1 in which a State facility for the mentally ill is located the Commission on Indigent Defense Services shall appoint an attorney licensed to practice in North Carolina as special counsel for indigent respondents who are mentally ill These special counsel shall serve at the pleasure of the Commission may not privately practice law and shall receive annual compensation within the salary range for assistant public defenders as fixed by the Office of Indigent Defense Services The special counsel shall represent all indigent respondents at all hearings rehearings and supplemental hearings held at the State facility Special counsel shall determine indigency in accordance with G S 7A-450 a Indigency is subject to redetermination by the presiding judge If the respondent appeals counsel for the appeal shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services d At hearings held in counties other than those designated in subsection a of this section counsel for indigent respondents shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services e If the respondent is committed to a non-State 24-hour facility assigned counsel remains responsible for the respondent s representation at the trial level until discharged by order of district court until the respondent is unconditionally discharged from the facility or until the respondent voluntarily admits himself or herself to the facility If the respondent is transferred to a State facility for the mentally ill assigned counsel is discharged If the respondent appeals counsel for the appeal shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services For substance abuse commitments 122C-286 specifies that If the respondent is indigent within the meaning of G S 7A-450 counsel shall be appointed to represent the respondent in accordance with rules adopted by the Office of Indigent Defense Services For juveniles counsel must be appointed within 48 hours of admittance to a 24-hour facility wherein his freedom of movement will be restricted N C Gen Stat 122C-224 1 A juvenile is also entitled to counsel when a hearing is held which might result in commitment to an institution N C Gen Stat 7A-451 a 8 and such entitlement to the services of counsel begins as soon as feasible after the indigent is taken into custody or service is made upon him of the charge petition notice or other initiating process N C Gen Stat 7A-451 b",yes,No "North Dakota","in Rashid v J B 410 N W 2d 530 N D 1987 the court held that indigent litigants in civil commitment proceedings were entitled to counsel Recognizing the commitment as a massive curtailment of liberty a cite to Vitek v Jones 445 U S 480 491 1980 the court noted that the constitutional safeguards afforded criminal defendants are generally extended to those involved in civil commitment proceedings One such procedural safeguard provided in mental health proceedings is the right to counsel The court then found that the statutory right to counsel had been created i n accord with the fourteenth amendment of the federal Constitution",yes,No "North Dakota","Every respondent under the Commitment Procedures Chapter of the North Dakota Century Code is entitled to legal counsel before commitment for mental illness N D Cent Code 25-03 1-13 including unrepresented respondents to petitions for emergency detention N D Cent Code 25-03 1-26 Counsel shall be appointed if an appearance by an attorney has not been entered within twenty-four hours of the filing of a petition for commitment and at the county s expense if the respondent is indigent N D Cent Code 25-03 1-13 More specifically there is the right to counsel before involuntary commitment hearings and any court-ordered examination especially if the person is indigent N D Cent Code 25-03 1-09 Also if such a person poses an immediate serious risk of harm to others themselves or property they may be taken into custody but must be advised of the right to counsel 25-03 1-25 Furthermore if an order of involuntary commitment is appealable the court must notify the respondent of their right to counsel N D Cent Code 25-03 1-29 See also 25-03 1-31 right to counsel in procedure to extend commitment",yes,No Ohio,"In In re Fisher 39 Ohio St 2d 71 74 313 N E 2d 851 854 Ohio 1974 the Ohio Supreme Court declared a federal constitutional right to counsel in civil commitment proceedings The court described in detail the scope and gravity of the constitutional rights involved and the serious deprivations of liberty resulting from involuntary civil commitment These included the procedural infirmities associated with such proceedings such as the unavailability of appellate review and the various statutory restrictions placed on the mentally disabled As the court explained appointment of counsel was necessary in commitment proceedings because t here is no mandatory requirement that anyone protect the rights of the individual",yes,No Ohio,"Ohio statutes also provide for appointed counsel for an indigent person who is involuntarily detained on mental health grounds Ohio Rev Code Ann 5122 05 C states that C Any person who is involuntarily detained in a hospital or otherwise is in custody under this chapter immediately upon being taken into custody shall be informed and provided with a written statement that the person may do any of the following 2 Retain counsel and have independent expert evaluation of the person s mental condition and if the person is unable to obtain an attorney or independent expert evaluation be represented by court-appointed counsel or have independent expert evaluation of the person s mental condition or both at public expense if the person is indigent Similarly Ohio Rev Code Ann 5123 71 B states that a ny person who is involuntarily detained in an institution or otherwise is in custody under this chapter shall be informed of the right to r etain counsel and have independent expert evaluation and if the person is an indigent person be represented by court-appointed counsel and have independent expert evaluation at court expense See also R C 5122 15 A 3 If the respondent is not represented by counsel is absent from the hearing and has not validly waived the right to counsel the court shall appoint counsel immediately to represent the respondent at the hearing reserving the right to tax costs of appointed counsel to the respondent unless it is shown that the respondent is indigent If the court appoints counsel or if the court determines that the evidence relevant to the respondent s absence does not justify the absence the court shall continue the case 4 The respondent shall be informed that the respondent may retain counsel and have independent expert evaluation If the respondent is unable to obtain an attorney the respondent shall be represented by court-appointed counsel If the respondent is indigent court-appointed counsel and independent expert evaluation shall be provided as an expense under section 5122 43 of the Revised Code For proceedings involving involuntary hospitalization for drug alcohol use RC 5119 94 B provides that If after reviewing the allegations contained in the petition and examining the petitioner under oath it appears to the probate court that there is probable cause to believe the respondent may reasonably benefit from treatment the court shall do all of the following 3 Notify the respondent that the respondent may retain counsel and if the person is unable to obtain an attorney that the respondent may be represented by court-appointed counsel at public expense if the person is indigent",yes,No Oklahoma,"Oklahoma s mental health laws guarantee a person alleged to require involuntary commitment for either mental health or substance dependency reasons with a right to court-appointed counsel if they are found to be indigent Okla Stat tit 43A 5-411 A 2 provides that An individual alleged to be a person requiring treatment shall have the following rights The right to counsel including court-appointed counsel and if the person has no counsel that the court shall appoint an attorney to represent the person at no cost if the person is an indigent person and cannot afford an attorney The person alleged to require treatment also has a right to notice of their ability to obtain a court-appointed attorney Okla Stat tit 43A 5-412 B 5 Further the person alleged to require treatment can obtain their own counsel or replace the court-appointed counsel and if the person files an affidavit that they are indigent the attorney s fees will be paid from the court fund subject to limits set by the court Okla Stat tit 43A 5-411 D 2 - 3 As to juveniles Involuntary commitment and treatment proceedings for juveniles due to mental health or substance dependency are governed by a separate section of the code Minors also have the right to counsel in such matters under Okla Stat tit 43a 5-510 Upon the filing of a petition alleging a minor to be a minor in need of treatment the court shall Appoint an attorney to represent the minor if the minor is not represented by counsel see also Okla Stat tit 43a 5-415 requiring court to order the least restrictive treatment consistent with treatment needs including whatever treatment other than hospitalization that is appropriate",yes,No Oregon,"An appellate court held in State v Collman 9 Or App 476 483 Ct App 1972 that Fourteenth Amendment due process required appointed counsel prior to any mental health commitment The court relied on the U S Supreme Court s decision in In Re Gault 387 U S 1 1967 as well as a number of federal court decisions and the fact that involuntary incarceration was at stake",yes,Yes Oregon,"In proceedings regarding involuntary commitment of a person alleged to have a mental illness that person has a right to appointed counsel if indigent Or Rev Stat Ann 426 100 3 b The Oregon courts have clarified that under Or Rev Stat 426 100 the trial court does not have to advise an allegedly mentally ill person of his or her right to retain private counsel provided that the court has already made the determination that counsel had been appointed for the individual and he or she lacked the resources to retain private counsel State v J C 172 Or App 745 749 Ct App 2001 The judge is responsible for issuing a citation to the allegedly mentally ill individual informing the person of their right to have legal counsel appointed if they cannot afford it Or Rev Stat Ann 426 090 see also Or Admin R 309-033-0250 2 whoever takes allegedly mentally individual into custody is responsible for informing of rights regarding appointment of counsel pursuant to Or Rev Stat 426 100 If an individual decides to appeal a determination that he or she is mentally ill under Or Rev Stat 426 130 that individual has a right to counsel for the appeal if indigent Or Rev Stat Ann 426 135 See also Or Rev Stat Ann 426 701 2 c court must appointed counsel in proceedings to commit someone as extremely dangerous A person alleged to have an intellectual disability and to be in need of commitment for residential care treatment and training is also entitled to a court-appointed attorney if they cannot afford one and even if they do not make a request for counsel Or Rev Stat Ann 427 265",yes,No Pennsylvania,"In Commonwealth ex rel Finken v Roop 339 A 2d 764 770 Pa Super Ct 1975 the court examined the civil commitment statute and noted Section 406 does not require that the subject of a civil commitment petition be represented by counsel Nor does it require that the final commitment order follow an evidentiary hearing If neither were read into the statute 406 would be blatantly unconstitutional The court found however that it had the power to read such basic due process requirements into the statute In Dixon v Attorney Gen of Pennsylvania 325 F Supp 966 M D Pa 1971 a federal court recognized a federal right to appointed counsel for indigent respondents in commitment proceedings The court relied on Specht v Patterson 386 U S 605 1967 persons criminally convicted under Sex Offenders Act entitled to full panoply of criminal procedural protection and Application of Gault 387 U S 1 1967 right to counsel for minors in delinquency proceedings",yes,Yes Pennsylvania,"Generally Adults subject to civil commitment proceedings have the right to counsel as do minors 14 or older who object to continued inpatient treatment and minors younger than 14 years of age whose parent or guardian seek to withdraw or modify their voluntary inpatient treatment Mental health-related commitments There is a right to counsel for the subject of a civil commitment proceeding See 50 Pa Stat Ann 7303 b extended emergency treatment applications 7304 e petitions for treatment not exceeding ninety days In In re Hutchinson the Supreme Court of Pennsylvania interpreted Section 7304 to require that an alleged mental incompetent is entitled to effective representation by competent private or court-appointed counsel in civil commitment proceedings 454 A 2d 1008 1011 Pa 1982 Substance dependency-related commitments Pennsylvania s Drug and Alcohol Abuse Control Act 71 Pa Stat Ann 1690 101 to 1690 115 provides Except as provided in section 12 1 of this act admissions and commitments to treatment facilities may be made according to the procedural admission and commitment provisions of the act of July 9 1976 P L 817 No 143 known as the Mental Health Procedures Act 50 P S 7101 et seq internal footnote omitted Accordingly the procedures discussed above apply in substance dependency-related commitments as well As to minors Mental health-related commitments The procedures applicable to adults also apply to juveniles subject to involuntary commitment matters due to mental health See In re S C 421 A 2d 853 857 Pa Super Ct 1980 But there are also provisions specific to minors discussed below Objections to continued inpatient treatment Minors who are at least 14 years of age but younger than 18 have a right to counsel in matters related to objecting to continued inpatient treatment per 35 Pa Stat Ann 10101 1 a 7 When a petition is filed on behalf of a minor fourteen years of age or older and under eighteen years of age who has been confined for inpatient treatment on the consent of a parent or legal guardian and who objects to continued inpatient treatment by requesting a withdrawal from or modification of treatment the court shall promptly appoint an attorney for the minor Under this provision inpatient treatment is defined as all mental health treatment that requires full-time or part-time residence in a facility that provides mental health treatment Id at 10101 1 b Withdrawal from voluntary inpatient treatment Where a minor is younger than 14 years of age and was admitted on a voluntary basis their parent legal guardian or person standing in loco parentis may request that the minor be released or that their treatment be modified for example afforded treatment constituting a less restrictive alternative 50 Pa Stat Ann 7206 b The petition for withdrawal or modification is filed in the Juvenile Division and t he court shall promptly appoint an attorney for such a minor person and schedule a hearing to determine what inpatient treatment if any is in the minor s best interest Id Substance dependency-related commitments The relevant statute provides A parent or legal guardian who has legal or physical custody of a minor may petition the court of common pleas of the judicial district where the minor is domiciled for commitment of the minor to involuntary drug and alcohol treatment services including inpatient services if the minor is incapable of accepting or unwilling to accept voluntary treatment 71 Pa Stat Ann 1690 112a a The court shall appoint counsel upon the filing of such a petition Id at b",yes,No "Rhode Island","R I Gen Laws 40 1-5-8 d 2 specifies that in a proceeding to certify someone to a mental health facility If the person is unable to afford counsel the court forthwith shall appoint the mental health advocate for him or her Rhode Island law also provides a right to counsel for court-certified alleged narcotics addicts who appear before a family or district court without counsel and are financially unable to engage counsel R I Gen Laws 21-28 2-3 4 In these cases the court is required to notify the person of their right to counsel Pursuant to R I Gen Laws 23-1 12-2 a person may be involuntarily committed due to dependency on alcohol The court must inform the individual of their right to counsel in all proceedings related to their commitment or recommitment If the person desires counsel the court must appoint counsel for them if they are unable to obtain counsel R I Gen Laws 23-1 12-2 j",yes,No "South Carolina","South Carolina imposes a mandatory counsel requirement for those who face involuntary hospitalization for mental illness S C Stat 44-17-530 Within three days after a petition for judicial commitment of a mentally ill person is filed the court shall appoint counsel to represent the person if counsel has not been retained see also S C Stat 44-24-90 D same for commitment of a child S C Stat 44-24-60 F A court that finds probable cause for the involuntary admission of a child to a hospital for treatment because he is a danger to himself or others shall appoint counsel for the child if he has not retained counsel South Carolina has also adopted a right to counsel in broad measures that may require even a limited period of loss of liberty S C Stat 44-52-60 E court that orders emergency drug or alcohol abuse detention shall appoint counsel for the patient if counsel has not been retained see also S C Stat 44-52-70 guaranteeing a right to counsel for indigent individuals at all stages of the involuntary drug or alcohol commitment proceeding S C Stat 44-52-80 requiring court to provide subject of involuntary commitment proceeding with notice of right to counsel if indigent",yes,No "South Dakota","South Dakota provides a statutory right to court-appointed counsel in civil commitment cases and other similar actions In no instance may a person not be represented by counsel in a proceeding before a county board of mental illness that may result in involuntary commitment S D Codified Laws 27A-11A-7 Likewise a developmentally disabled person alleged to meet the criteria for board-ordered commitment must be represented by counsel S D Codified Laws 27B-7-41 In addition individuals threatened with involuntary detention for alcohol or drug abuse have the right to a court-appointed attorney if they want counsel but are unable to obtain counsel S D Codified Laws 34-20A-85 A petition for drug- or alcohol-related involuntary commitment may be filed by the person s spouse or guardian relative a physician the administrator of any approved treatment facility or any other responsible person S D Codified Laws 34-20A-70 Upon receiving the application for commitment the judge shall appoint an attorney to represent the applicant Id However despite this language it sounds as though the attorney serves in a role akin to that of a guardian ad litem and not as the applicant s legal representative as the statute goes on to state The appointed attorney shall investigate the grounds upon which the application is based Id An allegedly mentally ill child must also be represented by an attorney during any hearing by a county board of mental illness S D Codified Laws 27A-15-15 3 27A-15-35 27A-15-41 A minor does not bear responsibility for the expense of an appointed attorney in these cases See S D Codified Laws 27A-15-15 4 27A-15-19 Finally South Dakota enacted HB 1174 in 2023 which provides that a ny person with a felony sexual offense charge that has been dismissed pursuant to 23A-10A-14 due to a developmental disability as defined in 27B-1-18 is subject to civil commitment proceedings in accordance with this Act At a hearing for civil commitment under this section the court must appoint counsel for the individual if they are financially unable to obtain adequate representation",yes,No Tennessee,"In Johnson v Nelms 100 S W 2d 648 652 Tenn 1937 the court held that for an insanity commitment hearing It is the duty of the trial court to see that the rights of the party whose sanity is questioned are fully guarded and protected that in the absence of counsel a competent and disinterested member of the bar is appointed to represent him",yes,No Tennessee,"A right to counsel exists when a defendant is involuntarily admitted to inpatient treatment as Tenn Code Ann 33-6-416 states If the court orders the admission of the defendant for diagnosis evaluation and treatment under 33-6-413 the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent legal guardian legal custodian conservator spouse or adult next of kin of the defendant The notice shall state specifically the basis for the defendant s detention and the standards for possible future commitment The notice shall also inform the defendant of the defendant s right to counsel during the course of proceedings for involuntary care and treatment Under Tenn Code Ann 33-6-419 if a person facing involuntary admission does not employ an attorney the court is instructed to appoint an attorney to represent the defendant",yes,No Texas,"In Ex parte Ullmann 616 S W 2d 278 283 Tex App 1981 one court of appeals relied on decisions from federal courts to hold that t he subject of an involuntary civil commitment proceeding has the right to effective assistance of counsel at all significant stages of the commitment process See also Chrisman v Chrisman 296 S W 3d 706 707 Tex App 2009 stating that proceedings involving termination involuntary civil commitment warrant the effective assistance of counsel State for the Best Interest of Ortiz 640 S W 2d 67 Tex App 1982 citing to Ullmann in civil commitment case and stating that appellant is entitled to representation by an attorney ad litem on appeal then ordering court to appoint appellate counsel",yes,Yes Texas,"Mental Health Treatment Within 24 hours after an application for court-ordered mental health services is filed the court shall appoint an attorney to represent the proposed patient if they do not have an attorney Tex Health Safety Code Ann 574 003 a see also Tex Health Safety Code Ann 574 061 d where facility seeks to modify outpatient mental health services order counsel must be appointed for patient The appointed attorney must represent the individual until 1 the application is dismissed 2 an appeal from an order directing treatment is taken 3 the time for giving notice of appeal expires by operation of law or 4 another attorney assumes responsibility for the case Tex Health Safety Code 574 004 h Chemical Dependency Treatment Per Tex Health Safety Code 462 062 a county or district attorney or other adult may file a sworn written application for court-ordered treatment of another person based on alleged chemical dependency of the respondent The court may order inpatient or outpatient treatment See Tex Health Safety Code 462 069 Upon filing of the application t he court shall appoint an attorney to represent the proposed patient if the proposed patient does not retain an attorney of their choice Tex Health Safety Code 462 063 c Proposed patients who are minors are also entitled to appointed counsel regardless of whether proposed patient or their family can afford counsel Tex Health Safety Code 462 063 d",yes,No Utah,"All persons alleged to be subject to involuntary commitment under court order to a mental health facility shall be afforded the opportunity to be represented by counsel under the Substance Abuse and Mental Health Act Utah Code Ann 26B-5-332 14 a If neither the patient nor others provide counsel the court shall appoint counsel and allow him sufficient time to consult with the patient prior to the hearing 26B-5-337 3 b iii providing right to counsel where patient moved to more restrictive environment The statute adds that if such a person is indigent the county where the patient resides or was found shall pay reasonable attorney fees as determined by the court As to the commitment of individuals with intellectual disabilities the law also provides Each individual has the right to be represented by counsel at the commitment hearing and in all preliminary proceedings If neither the individual nor others provide counsel the court shall appoint counsel and allow sufficient time for counsel to consult with the individual prior to any hearing Utah Code Ann 26B-6-608 10 a And if the individual cannot afford counsel the county in which the individual was physically located when taken into custody shall pay reasonable attorney fees as determined by the court Id at b",yes,No Vermont,"There is a right to counsel for respondents in civil commitment proceedings where commitment is sought due to mental health or intellectual disability Counsel shall by paid for by the state if the individual is unable to afford the expense Specifically 18 V S A 7111 states In any proceeding before or notice to a court of this State involving a patient or student or a proposed patient or student that person shall be afforded counsel and if the patient or student or proposed patient or student is unable to pay for counsel compensation shall be paid by the State to counsel assigned by the court See also 18 V S A 7613 stating court shall appoint counsel upon filing of application Under the code a Patient is defined as a resident of or person in Vermont qualified under this title for hospitalization or treatment as a person with a mental illness or intellectual disability 18 V S A 7101 15 Accordingly the provision likely applies to minors as well since a Patient is not limited to those 18 years of age or older However the provision goes on to specify that it does not apply to a proceeding under section 7505 of this title Section 7505 proceedings are those related to warrants and certificates for emergency examination The right also applies in related proceedings see 18 V S A 7621 incorporating 7613 for continued treatment proceedings 7625 incorporating 7613 for involuntary medication including proceedings to commit individuals with an intellectual disability who present a danger of harm to others 18 V S A 8848 Persons subject to commitment continued commitment or self-initiated review pursuant to section 8846 of this subchapter shall have a right to counsel as provided in section 7111 of this title",yes,No Virginia,"There is a right to counsel for the subject of a civil commitment proceeding including appeal of any commitment order Va Code Ann 37 2-814 C 37 2-817 2 A review of post-release mandatory outpatient treatment plan or discharge plan 37 2-821 extending such right to appeal Minors of a certain age also have such a right Minors 14 years of age or older must consent to being admitted to a mental health facility If they object or are incapable of making an informed decision the facility may seek judicial approval of the involuntary admission and the court must appoint a guardian ad litem and counsel for the minor Va Code Ann 16 1-338 Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older and 16 1-339 Parental admission of an objecting minor 14 years of age or older Admission may be made due to mental health or substance dependency reasons Id",yes,No Washington,"In Tetro v Tetro 544 P 2d 17 19 Wash 1975 the Washington Supreme Court stated that In proceedings civil in form but criminal in nature -- such as mental commitment hearings -- representation is clearly part of due process and cited to Heryford v Parker 396 F 2d 393 10th Cir 1968 and Lessard v Schmidt 349 F Supp 1078 E D Wis 1972 But as Tetro did not involve civil commitment its statement was dicta",yes,Yes Washington,"Wash Rev Code 71 05 360 5 b and Wash Rev Code 71 05 300 2 require the appointment of counsel for indigent persons in civil commitment proceedings before and at the probable cause hearing If a minor is being committed the parents have a right to appointed counsel if they oppose the commitment and they are indigent as per Wash Rev Code 71 34 740 5 Wash Rev Code 71 34 710 3 extends the right to counsel to minors subject to commitment There is a right to appointed counsel in proceedings to involuntarily commit a person for alcohol or chemical dependency in certain circumstances Wash Rev Code 70 96A 140 9 However the Court of Appeals has held that the section of this statute actually providing for commitment is unconstitutionally overbroad and vague Mays v State 68 P 3d 1114 Wash Ct App 2003 Under Wash Rev Code 70 96B 090 5 a there is a right to appointed counsel for extended commitment due to chemical dependency and the court can appoint counsel against the wishes of the person being committed if the court deems it necessary",yes,No "Washington D.C.","Mental Health Context Rule 12 of the Superior Court Rules of Procedure for Mental Health provides the right to counsel for a ny person who is involuntarily hospitalized or the subject of any petition filed pursuant to D C Code 21-501 - 592 2004 Supp or 24-502 2001 Supp SCR M H Rule 12 a 1 This includes not only those detained under emergency procedures but also those who have not been detained on an emergency basis but are the subject of a petition for judicial commitment See Rule 12 a 2 Rule 2A requires that a person detained on an emergency basis is informed of their right to counsel SCR M H Rule 2A A person detained pursuant to D C Code 21-521 2004 Supp shall be informed of his or her right to counsel upon admission to a hospital a facility certified by the Department of Mental Health Department for emergency detention or the Department These rules reflect the language found in D C Code including 21-543 a The person alleged to be mentally ill and because of the mental illness likely to injure himself or others shall be represented by counsel in any proceeding before the Commission or the court and if he fails or refuses to obtain counsel the court shall appoint counsel to represent him emphasis added However the right does not extend to examinations In Matter of Holmes the court held that the fact that Commission on Mental Health members examined the appellant before the hearing did not make the examination a proceeding within the meaning of 21-543 such that the appellant was entitled to appointed counsel 422 A 2d 969 972 D C 1980 Although the appointment of counsel in the mental health commitment context is not contingent upon indigency the court may direct counsel s compensation to be charged against the estate of the individual for whom counsel was appointed D C Code 21-543 Finally D C Code 21-548 b 4 provides that the right to counsel also applies in matters related to revocation of outpatient status In other words it extends to situations where a change from outpatient to involuntary inpatient services is sought Commitment of Persons with Intellectual Disabilities Found Incompetent in Criminal Matter Pursuant to D C Code 7-1304 02 Persons who have been committed or whose commitment is sought pursuant to 7-1303 04 b-1 have the right to be represented by counsel retained or appointed by the Court in any proceeding held before the Court in accordance with this chapter and they shall be informed by the Court of this right The Court shall appoint counsel to represent the person Whenever possible counsel shall be appointed who has had experience in the intellectual disability area Counsel appointed to represent persons who are unable to pay for such counsel shall be awarded compensation by the Court for his or her services in an amount determined by the Court to be fair and reasonable",yes,No "West Virginia","In State ex rel Hawks v Lazaro 202 S E 2d 109 W Va 1974 the court considered whether those subject to involuntary mental health confinement have a right to counsel At the time the law in West Virginia provided for the appointment of a guardian ad litem who shall be a competent attorney The court held that In order for the procedural requirements of notice and confrontation of witnesses to be meaningful the individual must be represented by counsel However the court seemed to accept appointment of the guardian as satisfying this requirement even though guardian ad litems typically argue for the best interest of the individual as the court held that the statute is not unconstitutional in this regard because it provides for a guardian Ad litem however the appointed guardian must serve the function of an adversary and to the extent both authorized and mandated by Canons 5 and 7 of the Code of Professional Responsibility the guardian has a duty to the individual and the legal system to represent his client as zealously as the bounds of ethics permit At no time did the court specify whether its ruling was under the state or federal constitution or both although it stated earlier in the opinion that Article 3 Section 10 of the West Virginia Constitution and the Fifth Amendment to the United States Constitution provide that no person shall be deprived of life liberty or property without due process of law While the court has not revisited the issue of right to counsel in civil commitment since Lassiter v Dep t of Social Services 101 S Ct 2153 1981 it has cited approvingly to Lazaro since Lassiter State ex rel White v Todt 475 S E 2d 426 432 n 6 W Va 1996",yes,No "West Virginia","There is a right to counsel for subjects of a civil commitment proceeding.",yes,No Wisconsin,"In Lessard v Schmidt 349 F Supp 1078 E D Wis 1972 vacated and remanded on procedural grounds 414 U S 473 1974 reinstated 413 F Supp 1318 E D Wis 1976 a federal court found a constitutional right to appointed counsel for Wisconsin civil commitment proceedings and rejecting the contention the appointment of a guardian ad litem could adequately protect the due process rights of the person to be committed held that a person detained on ground of mental illness has a right to counsel and to appointed counsel if the individual is indigent 349 F Supp at 1097 In so holding the court relied on other federal court decisions and noted also that t he importance of counsel has been stressed in the American Bar Foundation report on the mentally ill Id at 1097-98",yes,Yes Wisconsin,"In State ex rel Memmel v Mundy 249 N W 2d 573 576 Wis 1977 the court stated that At least as to indigents involved in such proceedings it is a constitutional requirement that legal representation be provided for the person whose commitment is sought and relied on similar rulings from federal courts The fact that the Memmel court relied entirely on federal decisions makes it likely that this was a decision based on the Fourteenth Amendment as opposed to the state constitution s due process clause",yes,No Wisconsin,"Wisconsin provides the right to counsel for individuals subject to emergency detention or involuntary commitment proceedings under the State Alcohol Drug Abuse Developmental Disabilities and Mental Health Act also known as Chapter 51 proceedings See Wis Stat Ann 51 15 9 Emergency detention at time of detention individual must be notified both orally and in writing of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense 51 20 3 Involuntary commitment for treatment At the time of the filing of the petition for examination the court shall assure that the subject individual is represented by adversary counsel by referring the individual to the state public defender who shall appoint counsel for the individual without a determination of indigency as provided in s 51 60 51 45 13 b 2 Involuntary commitment upon receipt of petition for commitment the court must a ssure that the person is represented by counsel by referring the person to the state public defender who shall appoint counsel for the person without a determination of indigency as provided in s 51 60 The person shall be represented by counsel at the preliminary hearing under par d The person may with the approval of the court waive his or her right to representation by counsel at the full hearing under par f Wis Stat 967 06 1 As soon as practicable after a person has been detained in connection with any civil commitment proceeding the person shall be informed of his or her right to counsel 2 a Except as provided in par b a person entitled to counsel under sub 1 who indicates at any time that he or she wants to be represented by a lawyer and who claims that he or she is not able to pay in full for a lawyer s services shall immediately be permitted to contact the authority for indigency determinations specified under s 977 07 1 Wis Stat Ann 51 35 1 e provides a right to counsel whenever 1 any transfer of committed individuals between facilities results in a greater restriction of personal freedom for the patient or 2 the patient is transferred from outpatient to inpatient status In such circumstances the patient must be informed both orally and in writing of his or her right to contact an attorney and a member of his or her immediate family the right to have counsel provided at public expense as provided under s 51 60 Wis Stat Ann 51 35 1 e Also within 24 hours after 1 any transfer resulting in a greater restriction of personal freedom for the patient for a period of more than 5 days or 2 any transfer from outpatient to inpatient status for a period of more than 5 days where the transfer is due to an alleged violation of a condition of a transfer to less restrictive treatment the county department must provide written and oral notice of the patient s right to counsel Wis Stat Ann 51 35 1 e 2 For all of the above types of Chapter 51 proceedings whenever an adult individual has the right to counsel the court must refer the individual as soon as practicable to the state public defender who must appoint counsel for the individual without a determination of indigency Wis Stat Ann 51 60 1 a An adult individual may knowingly and voluntarily waive his or her right to counsel except in the context of preliminary hearings for involuntary commitment as provided in 51 45 13 b 2 Wis Stat Ann 51 60 1 b Any child that is subject to a Chapter 51 proceeding must be represented by counsel and the court may not grant a waiver of counsel for such proceedings Wis Stat Ann 48 23 1m c see also 51 13 4 d providing that in matters related to the admission of a minor to an inpatient treatment facility due to mental health developmental disability or alcoholism or drug abuse the court shall appoint counsel if the minor is unrepresented At or after the conclusion of a Chapter 51 proceeding for an adult individual the court may inquire as to the individual s ability to reimburse the state for the costs of representation by the state public defender and may order the individual to reimburse the state if the court determines that the individual is able to make reimbursement for all or part of the costs of representation Wis Stat Ann 51 605 1 The court may also request the state public defender to conduct a determination of indigency under 977 07 the results of which the state public defender must report to the court Wis Stat Ann 51 605 1",yes,No Wyoming,"In Heryford v Parker 396 F 2d 393 396 10th Cir 1968 a federal appellate court relied on Application of Gault 387 U S 1 1967 to find a right to counsel in Wyoming civil commitment proceedings and brushed aside the discretionary Wyoming appointment statute existing at the time as insufficient",yes,Yes Wyoming,"For involuntary admissions to the Life Resource Center When an application for involuntary admission is filed the court shall appoint an attorney to represent the proposed client unless he retains counsel of his own choice An attorney shall represent the proposed client at all hearings The county shall compensate an appointed attorney in an amount fixed by the court as a reasonable fee Wyo Stat Ann 25-5-119 b 2008 For involuntary hospitalizations Unless the proposed patient is represented by counsel the court shall appoint an attorney to represent him Wyo Stat Ann 25-10-110 b For emergency detention When a law enforcement officer or examiner has reasonable cause to believe a person is mentally ill pursuant to W S 25-10-101 the person may be detained At the time of emergency detention the person shall be informed of his right to appointed counsel if he is indigent When a person is detained in emergency detention and an application for involuntary hospitalization is filed the court shall appoint an attorney to represent the detained person unless he has his own attorney Wyo Stat Ann 25-10-109 g - h",yes,No