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Patient's Explanation Of The Involuntary Commitment Process In Virginia
And The Statutory Protections Associated With The Process

    Virginia: In the General District Court of the City of Richmond

EXPLANATION OF INVOLUNTARY COMMITMENT PROCESS (Virginia Code Section 37.2-814 (D))

To the respondent:

You are a person whose involuntary admission for inpatient treatment is being sought.

You have the right to retain private counsel or be represented by a court-appointed attorney in this proceeding.

You may present any defenses you have to your involuntary commitment including independent evaluations, expert testimony, and the testimony of other witnesses.

You have the right to be present and to testify during the hearing.

You have the right to appeal to the circuit court any commitment for involuntary admission or to mandatory outpatient treatment, and to have a jury trial on appeal. You must file your appeal within 10 days from the date of any such order.

You are entitled to request a copy of the tape or other audio recording made at any commitment hearing for involuntary admission of which you were the subject that was presided over by a judge or a special justice. The court retains such a recording for three years from the date of the hearing.

Copies of the audio recording of the hearing, relevant medical records, reports, and court documents pertaining to this proceeding are kept confidential by the court, with access to the dispositional order provided to others only by court order. However, you may waive confidentiality in writing, in order to allow others to have access to the dispositional order only, or to all of the records pertaining to the hearing.

The judge or special justice may rely upon the evaluation report and certification of the appointed examiner and the preadmission screening report from the community services board to order your involuntary commitment. You have the right to object to the acceptance of the examiner’s written certification and these written reports at the hearing.

If you are involuntarily admitted to a facility for inpatient treatment or ordered to mandatory outpatient treatment as a result of a commitment hearing, or if you are the subject of a temporary detention order and you agree to voluntary admission, it will be unlawful for you to purchase, possess or transport a firearm.

BASED UPON FORM DC-493 REVISED 11/10
(Online PDF version link here)
07/17/2011
(civclwyr.htm)