2008 Mental Health Law Reform
The 2008 General Assembly made significant changes to Virginia’s civil commitment laws and
enhanced access to services to ensure individuals with mental illness get the
treatment they need. Changes in the criteria and procedures for emergency
custody orders, temporary detention orders, involuntary commitment proceedings
and other important measures took effect on July 1, 2008.
This page is intended to be a resource to professionals involved in the new law implementation process and to advocates and consumers of mental health services who would like to learn more about this process. We hope that the implementation of these new laws will lead to more consistent practices across the Commonwealth and will make the involuntary treatment process more fair and effective.
More Information
- Frequently Asked Questions
- Guidance Memos
- Legislative Summary
Questions or Comments? Please click here to submit your questions to our office.
Resources
- Uniform Preadmission Screening and Report Form
- Uniform Preadmission Screening and Report Form - Print only
- 1001 — Application for Voluntary Admission
- 1006-B — Application for Voluntary Admission Pursuant to Section 37.2-814
- 1006-P — Petition for Certification for Involuntary Admission for Treatment
- 1006-IE — Independent Examination, Certification and Recommendations for Placement, Care and Treatment
- 1006-CO — Court Order Regarding Treatment and Judicial Certifications
- Implementation Checklist #1 – This document provides guidance, not legal advice, for implementing the statutory amendments related to the involuntary civil admission process for adults with mental illness. It is intended to facilitate community planning and problem-solving, and to support a consistent understanding and application of the new laws.
- Medical Screening Guide
Court and Legal References
- Commission on Mental Health Law Reform
- 2008 General Assembly MH Omnibus Bill
- Understanding and Applying Virginia’s New Statutory Civil Commitment Criteria, by Bruce J. Cohen, Richard J. Bonnie and John Monahan
- Virginia Attorney General’s Office
- Virginia General Assembly Legislative Information System
- Virginia Supreme Court
Law Enforcement
Mental Health Advocacy
- MHA – Mental Health America - Virginia
- NAMI – National Alliance of Mental Illness
- PSV – Psychiatric Society of Virginia
- SAMHSA – U.S. Substance Abuse and Mental Health Services Administration
- VACSB – Virginia Association of Community Services Boards
- VOCAL – Virginia Organization of Consumers Asserting Leadership
Presentations from June 4-5, 2008 Training: An Overview of the Civil Commitment Law and Changes Made by the 2008 General Assembly
- Overview of Civil Commitment Law and Changes Made by the 2008 General Assembly – DMHMRSAS Commissioner James Reinhard, M.D.
- Civil Commitment Criteria – Jane Hickey, Office of the Attorney General
- Mental Health Law Reform 2008 Procedural Changes – Allyson Tysinger, Office of the Attorney General
- Integrating Recovery Based Service Delivery With The Commitment Process - Derrick A. Abney, CPS, Fairfax-Falls Church CSB
- The Role of Comprehensive Mental Health Law Reform in System Transformation – Richard Bonnie, UVA School of Law
- Understanding and Applying Virginia’s New Statutory Civil Commitment Criteria - Bruce J. Cohen, M.D., UVA Dept of Psychiatry and Neurobehavioral Sciences
- Independent Examination - Jill Milloy, Ph.D., Independent Examiner, Fairfax-Falls Church CSB
- Mandatory Outpatient Treatment – Jane Hickey, Office of the Attorney General
- Privacy and the Civil Commitment Process – Allyson Tysinger, Office of the Attorney General
“True reform into a mental health services system that seeks to prevent before it must
treat, and focuses on individuals and their path to recovery instead of on their
illnesses, requires a thorough examination of the many facets of Virginia’s
complicated system. These issues cannot be fixed in one legislative session, but
will take focused attention by lawmakers, mental health professionals, the
courts and the media for years to come.”
– DMHMRSAS Commissioner Jim Reinhard
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