Note: The commitment process is not initiated at the Probate Court. You will be directed to contact the appropriate agency to begin the process. If there are additional questions, you may contact the Commitment Division by email at commitmentdivision@richlandcountysc.gov.
Immediate Treatment
If you have a family member or friend that you believe requires immediate treatment for a mental illness and/or chemical dependency you may contact the Columbia Area Mental Health Center at 803-898-8888 or if after hours the Community Crisis Response and Intervention (CCRI) at 833-364-2274 (833-DMH-CCRI), and they will request an Emergency Commitment, also known as a Detention Order if appropriate.
- The Community Crisis Response and Intervention operating hours are 24/7. 833-364-2274
- The Columbia Area Mental Health Center operating hours are Monday through Friday, 8:30 am to 5 p.m. 803-898-8888
The requirements for a Detention Order are as follows:
- The individual must pose an immediate threat to self or others.
- If threats were made, they must have been witnessed by the petitioner within 24 hours of the Detention Order request.
- The petitioner must know where the individual is currently located. (This will assist law enforcement in locating and detaining the individual.)
- It is helpful to know whether the individual has a history of mental illness and/or chemical dependency.
- It is helpful to know whether the individual is currently taking any medication(s).
- It is helpful to know whether the individual is having any self-care or self-neglect issues, such as not sleeping, not eating, or neglecting hygiene, that suggest the possibility of harm to self.
Based on the information provided to the Mental Health Professional, the Detention Order request may or may not be forwarded to the Probate Court for approval.
If approved, the Probate Court will issue a Detention Order and if law enforcement not already on the scene they will be dispatched to locate and detain the individual.
The individual will be transported to Columbia Area Mental Health Center, the emergency room, or wherever the Community Crisis Response and Intervention clinician designates for an examination.
If, in the opinion of the mental health professionals, the individual meets the requirements for an emergency commitment, then the individual will be admitted to an appropriate treatment facility.
If you have a family member or friend that you believe requires non-emergency treatment for either a mental illness or chemical dependency, you may contact the Columbia Area Mental Health Center (CAMHC) at 803-898-8888 and request a Petition for Judicial Admission. The Columbia Area Mental Health Center operating hours are Monday through Friday, 8:30 am to 5 p.m.
- The Columbia Area Mental Health Center will send the Judicial Petition to the Probate Court.
- The Court will schedule an examination for the person with the alleged mental illness or chemical dependency.
- You will receive notice from the Court of the place, date, and time of the scheduled examination and as the petitioner, you are required to attend the examination to offer information that will be considered by the examiners.
- The individual will also receive notice of the examination by both mail and personal service.
- After the examination, if the individual is found to be a mentally ill or chemically dependent person in need of treatment, a hearing will be held by a Probate Judge. Notice of the hearing will be provided to both the petitioner and the mentally ill/chemically dependent person.
Non-Emergency Examinations are scheduled in the order in which the Petitions are received by the Court. Therefore, please allow adequate time for the Petition to be processed, before contacting the Court. Once a Petition has been filed with the Court, it is unable to be cancelled.
Authorization and Release of Information from Commitment Division Files
The Commitment Division of the Probate Court handles cases involving both emergency and non-emergency admissions to treatment of persons alleged to be mentally ill or chemically dependent. The Probate Court also has jurisdiction to handle cases in which the Department of Disabilities and Special Needs (DDSN) is seeking to involuntarily admit a person with mental retardation or related disability to the services of its agency. In Richland County, the Commitment Division of the Probate Court generally handles those cases.
Unlike other Probate Court case files, the court files in all of the above types of cases are confidential. Therefore, the proper way to secure the release of those records is by obtaining authorization for release from the person who was the subject of the court action, his or her parent or guardian (if the individual is under the age of 16), or from his or her legal guardian, if the person is not competent.
Because of state and federal confidentiality laws governing those records, we have developed a very specific authorization and release form to secure the documents; a general release of information form does not meet the requirements set out in state and federal law. In addition, a subpoena is generally not sufficient, and commitment records are not subject to disclosure under the Freedom of Information Act.
The Court is pleased to provide a form on this website for your use in requesting such records. You will need Adobe Acrobat in order to download the form. However, there are circumstances when a release might not be necessary or sufficient, if the applicable confidentiality statute provides an exception or restriction.
Some examples include:
- If you want a copy of your own records, a release is not necessary, but you will need a copy of your driver’s license or another photo I.D.
- You are the court-appointed attorney or guardian ad litem in a criminal or family court case. If you supply us with a copy of the order appointing you, along with a written request for the information you need, a release will not be necessary.
- If you are the parent or guardian of a child under the age of sixteen, a release is not necessary. In South Carolina, children age sixteen or older can admit themselves to mental health or chemical dependency treatment, so, if competent, they must sign an authorization to release information themselves before their records can be disclosed.
- Though a subpoena cannot be used to secure commitment records related to Department of Mental Health, private mental health, or chemical dependency treatment, a subpoena by a court of law can be used to secure copies of court records regarding DDSN cases, as allowed by that agency’s confidentiality statute.
- If you are a law enforcement, health, welfare, or other state or federal agency seeking information regarding an individual’s mental health treatment from the Court, a written request stating the purpose for the release of information may be sufficient. Federal law governing chemical dependency treatment records is so strict that if a release cannot be obtained from the individual who was treated, a court order meeting very strict requirements may be the only way to obtain records.
Individuals will not be charged for copies of their own records, nor will an attorney or guardian ad litem representing the person, the parent of a minor under the age of sixteen, or a legal guardian. All others will be charged for copies at the per page rate in effect at the time of the request.
Please allow us at least 24 hours to fulfill your request for records. If you have any questions, please feel free to call the Commitment Division of the Richland County Probate Court at 803-576-1965.