Axios

Trump signs order allowing forced hospitalization for homeless people

President Trump has signed an executive order aimed at combating homelessness by reviving civil commitment, a process that allows individuals with mental health issues to be placed in treatment facilities without their consent. This approach has historically been used to confine people before they harm themselves or others, and has disproportionately affected vulnerable groups such as LGBTQ+, people of color, and people with disabilities. The order directs officials to determine if federal resources can be used to ensure that those with serious mental illness are not released back into the public due to a lack of beds in government facilities. Critics argue that the order ignores evidence-based housing and support services and instead represents a punitive approach that has consistently failed to resolve homelessness. Involuntary civil commitment is the process in which a judge orders a person to be admitted to a psychiatric hospital or supervised outpatient treatment facility without their consent, usually due to posing a danger to themselves or others. The specific criteria for confinement vary by state, but typically include mental illness, developmental disabilities, and substance abuse issues. Civil commitment has been used in the past to confine people with mental health issues, often with little legal oversight, but has since shifted towards a focus on treatment. The Supreme Court has ruled that an individual must pose a danger to themselves or others to be held against their will, and that a "clear and convincing" standard of proof is necessary for involuntary civil commitment. Historically, civil commitment has disproportionately affected LGBTQ+ individuals, people of color, and people with disabilities, who are more likely to be committed to involuntary psychiatric hospitalization.
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