IF AND ONLY IF

Terms Used In Tennessee Code 33-5-403. Prerequisites to involuntary commitment

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • commissioner: means the commissioner of finance and administration or the commissioner's designee. See
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Mental retardation: means substantial limitations in functioning:

    (i) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work. See

  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105

(1) a person has mental retardation, AND

(2) the person poses a substantial likelihood of serious harm under § Code Sec. 33-6-501″>33-6-501 because of the mental retardation, AND

(3) the person needs care, training, or treatment because of the mental retardation, AND

(4) all available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person, AND

(5) the district attorney general files a complaint to require involuntary care and treatment under § 33-5-402,

THEN

(6) the person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 6, of this title.

[Acts 2000, ch. 947, § 1.]