South Carolina § 44-17-580 Hospitalization of person if court finds mental illness and other conditions.

South Carolina Statutes

§ 44-17-580 — Hospitalization of person if court finds mental illness and other conditions.

South Carolina § 44-17-580

Title 44HEALTH

Ch. 17CARE AND COMMITMENT OF MENTALLY ILL PERSONS

This text of South Carolina § 44-17-580 (Hospitalization of person if court finds mental illness and other conditions.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-17-580 (2026).

Text

(A)If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the person is mentally ill, needs involuntary treatment and because of his condition:

(1)lacks sufficient insight or capacity to make responsible decisions with respect to his treatment; or (2) there is a likelihood of serious harm to himself or others, the court shall order in-patient or out-patient treatment at a mental health facility, public or private, designated by the Office of Mental Health and may order out-patient treatment following in-patient treatment. If the court finds that the person is not mentally ill and not in need of involuntary treatment, the court shall dismiss the proceedings.

(B)If the court orders out-patient treatment and the responden

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(A) If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the person is mentally ill, needs involuntary treatment and because of his condition: (1) lacks sufficient insight or capacity to make responsible decisions with respect to his treatment; or (2) there is a likelihood of serious harm to himself or others, the court shall order in-patient or out-patient treatment at a mental health facility, public or private, designated by the Office of Mental Health and may order out-patient treatment following in-patient treatment. If the court finds that the person is not mentally ill and not in need of involuntary treatment, the court shall dismiss the proceedings. (B) If the court orders out-patient treatment and the respondent fails to adhere to the prescribed out-patient treatment order or program, the treatment facility shall report the failure to the court and the court upon notice to the respondent and his counsel shall order a supplemental hearing and may further order in-patient treatment in a designated facility as needed. The probate court issuing the order for out-patient treatment shall maintain jurisdiction over the person for the purpose of supplemental proceedings as set forth in this chapter and every order issued pursuant to this subsection must be so conditioned. An order for in-patient treatment at a mental health facility does not raise a presumption of incompetency and no rights may be denied a person unless specifically ordered by the court.

Legislative History

HISTORY: 1962 Code SECTION 32-966; 1952 Code SECTION 32-961; 1942 Code SECTION 6229; 1932 Code SECTION 6229; Civ. C. '22 SECTION 5082; Civ. C. '12 SECTIONS 3358, 3359; Civ. C. '02 SECTIONS 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 SECTION 11; 2000 Act No. 253, SECTION 8; 2005 Act No. 120, SECTION 4, eff June 3, 2005. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.