Outpatient Civil Commitment in North Carolina: Constitutional and Policy Concerns

Abstract

This article examines preventive outpatient commitment, which targets those not ill or dangerous enough to be committed to inpatient facilities under state commitment laws. After discussing the history and design of the NC scheme, it explores constitutional and practical difficulties. Ultimately, it argues that individualized case management through local mental health clinics is the more effective and humane way of serving the interests of both the individual and the state.

Keywords: outpatient commitment, mental health, O'Connor v. Donaldson