Harm to self and others does not require an actual physical injury, it can be verbal threats, attempts, or patterns of behavior that have historically resulted in harm. Harm may also include a reasonable fear of harm. A substantial risk that serious physical harm will be inflicted by a person upon his own person, as evidenced by recent threats, including verbal threats or attempts to commit suicide or inflict physical harm on himself. A substantial risk that serious physical harm to a person will result or is occurring because of an impairment in his capacity to make decisions with respect to his hospitalization and need for treatment as evidenced by his current mental disorder or mental illness which results in an inability to provide for his own basic necessities of food, clothing, shelter, safety or medical care or his inability to provide for his own mental health which may result in a substantial risk of serious physical harm. Evidence of that substantial risk may also include information about patterns of behavior that historically have resulted in physical harm previously being inflicted by a person upon another person.
Affidavits are an important component of civil involuntary detention.
These are statement of fact from persons who have witnessed harm and are necessary to support the involuntary detention. Persons who are mentally disordered and as a result harmful may be detained to a mental health facility for up to 96 hours to determine if they are mentally ill and continue to be harmful. An attorney is designated for the person and notice of their rights and why they are being detained is provided. If further detention beyond 96 hours is necessary a judicial hearing must occur. The law provides authority for outpatient commitment as an option to inpatient detention.