Mental Health Commitment Process

Overview

North Dakota state law has a process for the involuntary mental health commitment of an adult.  Chapter 25-03.1 of the North Dakota Century Code contains laws related to involuntary mental health commitment procedures.

Any individual who is 18 years of age or older may start the involuntary mental health commitment process of another adult.

The individual who is seeking to involuntarily commit another individual must work with one of the following to complete the petition:

  • The state's attorney of the county where the individual to be involuntarily committed is presently located; or
  • The state's attorney of the county where the individual to be involuntarily committed resides; or
  • An attorney retained by the individual who is seeking to involuntarily commit another individual.

The petition must be accompanied by any of the following:

  • A written statement supporting the petition by a mental health professional or addiction counselor who personally examined the individual to be involuntarily committed within forty-five days of the date of the petition; or
  • One or more supporting affidavits otherwise corroborating the petition.

To see the minimum information required for a petition for involuntary mental health commitment, go to forms:


Forms

The mental health commitment forms are offered in Adobe Portable Document Format (PDF).

To retrieve a form, click the appropriate document number on the form list page. Once the document is open, you should save it to your local data drive and directory.

If, when the link is clicked, the document does not open, you can right click on the document, then click "Save target as." In the dialog box that appears, specify where you wish to save the document and the name of the document. Then, you can open the document from its saved location on your computer.

The forms have been updated and fillable capability has been added. You can now save the forms to your computer, fill them out, and save the completed version. The forms may also be printed and filled out “by hand.”

Direct questions about the forms to the State Court Administrator’s Office.


Selected Statutes (Laws) & Rules


If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.