Dealing with a mental health crisis is already incredibly difficult. When terms like “mandatory outpatient treatment” start coming up, the stress can be even more overwhelming.
But understanding the term and how the process works can make it less frightening to experience. Mandatory outpatient treatment in Virginia has clear rules about who it applies to and how long it lasts, along with the rights you keep throughout.
This page explains the mandatory treatment mental health process in plain language and helps you understand what happens once you enter it. We also provide pathways to support for everyone involved, whether you’re the person in treatment or you’re supporting your loved one.
On this page, we cover:
Please note: The information on this page is for informational purposes only and does not constitute legal advice. If you have questions about mental health care laws in Virginia, please consult a qualified attorney regarding your specific situation.
Mandatory outpatient treatment in Virginia is court-ordered mental health treatment that a person receives while living in the community, without being admitted to an inpatient facility. It’s sometimes called outpatient commitment in Virginia, but mandatory outpatient treatment (MOT) is the official term used in Virginia law.[1]
The purpose of MOT is to serve as a less restrictive way for a person to receive mental health treatment, without requiring them to attend involuntary inpatient treatment. A judge has to consider whether MOT is appropriate before ordering someone to a hospital against their will.[1]
If someone is found eligible for court-ordered mental health treatment in Virginia, they may be able to stay at home while receiving treatment.[1] This gives them the opportunity to keep up with work or study obligations where possible, while remaining within their community.
Mandatory outpatient treatment in Virginia is one possible outcome of the state’s civil commitment process. If you’re involved in this system, it’s important to understand the steps that lead there.
The process usually begins with an emergency custody order, known as an ECO, which allows law enforcement to take the person into custody to be evaluated. This lasts up to eight hours, and if further assessment is needed, a magistrate can issue a temporary detention order (TDO) allowing the person to be held for longer before a commitment hearing.[2]
The Virginia mental health legal process then requires a commitment hearing to take place before a district court judge or special justice. At that hearing, several outcomes are possible:[3]
A judge can only order mandatory outpatient treatment in Virginia for a person after making specific findings about their mental health by clear and convincing evidence.[3] There are two main routes into mandatory outpatient treatment eligibility, which we view below.
For this specific route, the court must find that the person has a mental illness and, because of that illness, there must be a substantial likelihood of serious harm in the near future.[3] That means either causing physical harm to themselves or others, or suffering harm because they can’t protect themselves or meet their own basic needs.[3]
The court must also be satisfied on two further points:[1]
On this route, an MOT is used after a hospital stay to help prevent someone from relapsing.[1] It usually applies where there’s a recent history of not keeping up with treatment that eventually led to repeated hospitalizations.
The main theme here is that MOT is available for people who need mental health treatment but can also manage safely on their own within the community.
Once mandatory outpatient treatment in Virginia is ordered, the local Community Services Board (CSB) takes on the lead role.[1] The CSB then develops the treatment plan for the person. Upon completion, it’s filed with the court and becomes part of the order.
The plan sets out the specific services the person will receive and who will provide them, as well as the conditions the person is expected to follow.[1] The process is intended to involve the person receiving treatment and, where appropriate, their family.
The MOT order can last up to 180 days, but the exact length is decided by the court based on the CSB’s recommendation.[1] If it’s determined that treatment needs to continue beyond that, the order can be reviewed and renewed for further periods of up to 180 days.[1]
AMFM is here to help you or your loved one take the next steps towards an improved mental well-being.
A common worry for both the person involved and their loved ones is what happens if the person doesn’t follow the agreed plan. If they stop engaging with treatment, it doesn’t automatically mean that they’ll be required to be hospitalized. In fact, the CSB can ask the court to review the order, which then results in a hearing being held within five days.[4]
At that hearing, the judge can:
Hospitalization for the person will only be an option if the person’s mental health has deteriorated to the point where they meet the criteria for inpatient care. If this happens, the CSB can request an emergency custody or temporary detention order.[4] Ultimately, the system is designed to keep people within their own community whenever possible.
If you’re the person going through the MOT process, it’s easy to feel as though the decision is out of your hands, but it’s important to know your rights. Anyone going through the commitment process in Virginia has legal rights, and these apply to MOT too.
Your protections include:[5]
An appeal is heard in the circuit court, where you even have the right to request a jury.[5] These protections exist because MOT, while less restrictive than involuntary hospitalization, is still a court order that affects your freedom to some degree.
Going through this yourself, or supporting someone you love, is hard, but it’s not something you have to handle on your own. Your local CSB is there throughout the MOT Virginia mental health process, and it’s a good place to bring any questions you have. If your loved one has an appointed attorney, they can help you understand what’s happening, too.
In terms of treatment, it’s important to understand that MOT is the legal process that runs through the public system and the CSBs. Private care is different, and it’s something you or your loved one can choose now, alongside an order, or further down the line as part of healing. If treatment is happening under an MOT order, a private provider can be part of the plan, though the CSB monitor coordinates with them and tracks progress.[6]
Take a tour of our residential mental health facilities located in Virginia. Our locations offer peace & comfort within a residential environment where you can relax and focus on yourself.
Additionally, we offer both in-person and virtual outpatient services in Virginia so you can be supported after leaving residential.
Whether you’re the one facing court-ordered psychiatric treatment, or you’re supporting someone who is, know there is support available for both of you.
AMFM Mental Health Treatment (A Mission for Michael) is a compassionate treatment provider with expert clinicians who treat the mental health conditions that can lie behind a mental health crisis, like depression, anxiety, trauma, and more. We use evidence-based therapies, like cognitive behavioral therapy (CBT) and dialectical behavior therapy (DBT), along with trauma-focused therapies like Eye Movement Desensitization and Reprocessing (EMDR).
We offer an intimate, focused mental health treatment experience for adults in home-like settings that are carefully maintained to be peaceful, comfortable spaces. In addition to residential treatment, AMFM Mental Health Treatment also offers multiple levels of outpatient treatment.
Our locations in Virginia accept insurance and are in-network with many major providers. To check your insurance coverage for mental health care, simply complete our confidential online verification form.
Call us at 866-478-4383 if you would like to start the admissions process or learn more about how we can support your mental well-being. Our compassionate team is available 24/7 to answer your questions and provide guidance with no obligation.
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At AMFM, we strive to provide the most up-to-date and accurate medical information based on current best practices, evolving information, and our team’s approach to care. Our aim is that our readers can make informed decisions about their healthcare.
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