Model for the Application of the Least Restrictive Alternative Doctrine in Involuntary Civil Commitment

摘要

The development of a model for the fair and workable application of the least restrictive alternative doctrine in involuntary civil commitment proceedings is described. Existing procedures for identifying, exploring, and using less restrictive alternatives for the placement of mentally disordered, developmentally disabled, and elderly persons in mental health care and treatment settings in seven locations across the country (Chicago, Kansas City, Los Angeles, Milwaukee, New York, Tucson, and Williamsburg) are examined. Field research conducted at each of the seven project sites is reported, and statutes pertaining to the provision and use of less restrictive alternatives are analyzed. Finally, guidelines are presented which represent a model meant to bridge the wide gap between the theoretical demands of the doctrine and the difficulties of applying it. The guidelines are presented in an order paralleling the chronology of events in involuntary civil commitment proceedings, from preliminary screening to ultimate release from compulsory hospitalization. Commentaries accompany each guideline.