Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-3 - Development of Uniform Alcohol and Drug Commitment Affidavit to initiate commitment proceedings; development of Uniform Alcohol and Drug Commitment Guide outlining steps in commitment process

(1)
The Department of Mental Health must develop a Uniform Alcohol and Drug Commitment Affidavit to be utilized in all counties to initiate commitment proceedings under Title 41, Chapters 30, 31 and 32, Mississippi Code of 1972. The Uniform Alcohol and Drug Commitment Affidavit must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this chapter and also must be made available to the public on the website of the Mississippi Department of Mental Health.
(2)
The Department of Mental Health, in consultation with the Mississippi Chancery Clerks Association, the Mississippi Conference of Chancery Court Judges and the Mississippi Association of Community Mental Health Centers, must develop a written guide no later than January 1, 2020, setting out the steps in the commitment process. The guide shall be designated as the "Uniform Alcohol and Drug Commitment Guide" and shall include, but not be limited to, the following:
(a)
Steps in the alcohol and drug commitment process from affidavit to commitment, written in easily understandable layman's terms;
(b)
A schedule of fees and assessments that will be charged to commence a commitment proceeding under this chapter;
(c)
Eligibility requirements and instructions for filing a pauper's affidavit; and
(d)
A statement on the front cover of the guide advising that persons who pursue an alcohol and drug commitment under this chapter are not required to retain an attorney for any portion of the commitment process.
(3)
As soon as available but no later than January 1, 2020, the Uniform Alcohol and Drug Commitment Guide must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this chapter, and also must be made available to the public on the website of the Mississippi Department of Mental Health.
(4)
Proceedings for detention, care and treatment of any person alleged to be an alcoholic or drug addict may be initiated or instituted by such person's husband, wife, child, mother, father, next of kin, or by any friend or relative thereof, or by the county health officer. Such proceedings shall be instituted by the filing of the Uniform Alcohol and Drug Commitment Affidavit in the chancery court of the county of such person's residence or of the county in which he may be found. It shall be necessary that the affidavit allege that such person is an alcoholic or drug addict, as the case may be, is a resident citizen of this state, and because of his alcoholism or drug addiction is incapable of or unfit to look after and conduct his affairs, or is dangerous to himself or others, or has lost the power of self-control because of periodic, constant or frequent use of alcoholic beverages or habit-forming drugs, and that he is in need of care and treatment, and that his detention, care and treatment at an institution will improve his health. A chancery clerk may not require an affiant to retain an attorney for the filing of an affidavit under this section. All proceedings authorized by this chapter may be had and conducted either in termtime or in vacation of said court.
Codes, 1942, § 436-02; Laws, 1950, ch. 349, § 2; Laws, 1976, ch. 401, § 7, eff. 7/1/1976.
Amended by Laws, 2019, ch. 468, SB 2328,§ 13, eff. 7/1/2019.