| Abstract: | Society has the power—and the duty—to reach and treat certain non-dangerous mentally ill persons who are unwilling to commit themselves for treatment. This should occur within a system which offers procedural safeguards against unwarranted commitment, so that those who require active treatment receive it in the least restrictive setting and for a self-limiting period. Such a deprivation of liberty and instrusion upon personal lives can be justified under existing jurisprudential theory, is not proscribed by constitutional doctrine, and is required of a caring society. This parens patriae commitment would require a balancing of interests by a neutral law-trained officer who would consider, among other factors, the role of a caring family as a support system for the person and the impact of non-treatment upon that family. |
