C.Bise - September 21, 2022 - Involuntary Mental Commitment Procedures

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 September 21, 2022 The Honorable Carter Bise Chancellor, Eighth Chancery Court District Post Office Box 1542 Gulfport, Mississippi 39502 Re: Involuntary Mental Commitment Procedures Dear Chancellor Bise: The Office of the Attorney General has received your two requests for an official opinion regarding the same basic issue. Question Presented Is a pre-evaluation screening by a community health center required prior to an interested person or family member filing an affidavit with the chancery clerk that a person needs mental health treatment? Brief Response No. A pre-evaluation screening by a community health center is not required prior to the filing of an affidavit that a person needs mental health treatment. Pursuant to Mississippi Code Annotated Sections 41-21-65(1) and 41-21-67(1), a relative of the person alleged to need treatment or an interested person may file an affidavit with the chancery clerk and upon direction of the chancellor, the sheriff would take the person alleged to need treatment for pre-evaluation screening and treatment by the appropriate community mental health center. In accordance with Section 41-21-65, the Mississippi Department of Mental Health has developed a Uniform Civil Commitment Affidavit form and Uniform Civil Commitment Guide, both of which are available on its website: https://www.ms.gov/Agencies/department-mental-health. Hon. Carter Bise September 21, 2022 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Beebe Garrard Beebe Garrard Special Assistant Attorney General