Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 21 - INDIVIDUALS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY (§§ 41-21-1 — 41-21-253) › PERSONS IN NEED OF MENTAL TREATMENT (§§ 41-21-61 — 41-21-109) › Section 41-21-65 - Affidavit for commitment; simplified affidavit form; use of Uniform Civil Commitment Affidavit to commence civil commitment proceedings; development of written Uniform Civil Commitment Guide outlining steps in commitment process

(1)
It is the intention of the Legislature that the filing of an affidavit under this section be a simple, inexpensive, uniform, and streamlined process for the purpose of facilitating and expediting the care of individuals in need of treatment.
(2)
The Uniform Civil Commitment Affidavit developed by the Department of Mental Health under this section must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this section, and must be utilized in all counties to commence civil commitment proceedings under this section. The affidavit must be made available to the public on the website of the Mississippi Department of Mental Health.
(3)
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 setting out the steps in the commitment process no later than January 1, 2020. The guide shall be designated as the "Uniform Civil Commitment Guide" and must include, but not be limited to, the following:
(a)
Steps in the civil 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 section;
(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 wishing to pursue a civil commitment under this section are not required to retain an attorney for any portion of the commitment process.
(4)
Immediately upon availability, but no later than January 1, 2020, the Uniform Civil Commitment Guide must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this section and also must be made available to the public on the website of the Mississippi Department of Mental Health.
(5)
If any person is alleged to be in need of treatment, any relative of the person, or any interested person, may make affidavit of that fact and shall file the Uniform Civil Commitment Affidavit with the clerk of the chancery court of the county in which the person alleged to be in need of treatment resides, but the chancellor or duly appointed special master may, in his or her discretion, hear the matter in the county in which the person may be found or the circuit judge may hear such matter as provided in Section
41-21-63
. Prior to filing an affidavit for commitment of an individual, the relative or interested person shall be connected with the community mental health center for a pre-affidavit screening as set forth in Section
41-21-67
. The pre-affidavit screening is mandatory and must be completed before any affidavit for commitment is filed, except as otherwise provided in Section
41-21-67(2)
. The affidavit shall set forth the name and address of the proposed patient's nearest relatives and whether the proposed patient resides or has visitation rights with any minor children, if known, and the reasons for the affidavit. The affidavit must contain factual descriptions of the proposed patient's recent behavior, including a description of the behavior, where it occurred, and over what period of time it occurred, if known. The affidavit shall state specifically that a less restrictive alternative treatment was considered and specify why treatment less restrictive than involuntary commitment is not appropriate. Each factual allegation may be supported by observations of witnesses and the pre-affidavit screener named in the affidavit. The Department of Mental Health, in consultation with the Mississippi Chancery Clerks' Association, shall develop a simple, one-page affidavit form for the use of affiants as provided in this section. The affidavit also must state whether the affiant has received notice of the pre-affidavit screening from a community mental health center determining whether the alleged acts by the proposed respondent warrant civil commitment in lieu of other less-restrictive treatment options. No chancery clerk shall require an affiant to retain an attorney for the filing of an affidavit under this section.
(6)
The chancery clerk may charge a total filing fee for all services equal to the amount set out in Section
25-7-9(o)
, and the appropriate state and county assessments as required by law which include, but are not limited to, assessments for the Judicial Operation Fund (Section
25-7-9(3)(b)
); the Electronic Court System Fund (Section
25-7-9(3)(a)
); the Civil Legal Assistance Fund (Section
25-7-9(1)(k)
); the Court Education and Training Fund (Section
37-26-3
); State Court Constituent's Fund (Section
37-26-9(4)
); and reasonable court reporter's fee. Costs incidental to the court proceedings as set forth in Section
41-21-79
may not be included in the assessments permitted by this subsection. The total of the fees and assessments permitted by this subsection may not exceed One Hundred Fifty Dollars ($150.00).
(7)
The prohibition against charging the affiant other fees, expenses, or costs shall not preclude the imposition of monetary criminal penalties under Section
41-21-107
or any other criminal statute, or the imposition by the chancellor of monetary penalties for contempt if the affiant is found to have filed an intentionally false affidavit or filed the affidavit in bad faith for a malicious purpose.
(8)
Nothing in this section shall be construed so as to conflict with Section
41-21-63
.
(9)
The Department of Mental Health shall provide annual training to chancery and circuit court clerks to inform them about statutory procedures for civil commitments.
Laws, 1975, ch. 492, § 3(1); Laws, 1984, ch. 477, § 3; Laws, 2004, ch. 565, § 1; Laws, 2009, ch. 525, § 1; Laws, 2010, ch. 398, § 3, eff. 7/1/2010.
Amended by Laws, 2024, ch. 490, HB 1640,§ 2, eff. 7/1/2024.
Amended by Laws, 2024, ch. 479, HB 1088,§ 3, eff. 7/1/2024.
Amended by Laws, 2019, ch. 468, SB 2328,§ 5, eff. 7/1/2019.
Amended by Laws, 2014, ch. 448, HB 810, 1, eff. 7/1/2014.