This division of Probate Court, referencing the pertinent statutes, which are Chapters 17 and 52 of Title 44, of the Code of Laws of South Carolina, relates to the Care and Commitment of Mentally Ill and Chemically Dependent persons. Chapter 17 relates to Mentally Ill persons and Chapter 52 relates to Alcohol and Drug Abuse Commitment.

Both the commitment of a mentally ill person and the commitment of a chemically dependent person are separated into four main areas: 1. Emergency Admission of an alleged mentally ill person; 2. Emergency Admission of an alleged chemically dependent person; 3. Judicial Admission of a mentally ill person; 4. Judicial Admission of a chemically dependent person.

The distinction between an emergency and judicial proceeding is that an Emergency Admission is based upon the allegation by sworn statement that the subject is suffering from either a mental illness or is chemically dependent and based upon the allegation that he/she poses a substantial risk of harm to himself/herself or others if not immediately hospitalized, as well as a physician's certification that the person is in need of immediate involuntary hospitalization. A hearing, following proper notice, must be held by the Probate Court within 15 days after hospitalization. A Judicial Admission is based on the allegation by sworn statement of an interested person that the subject is suffering from either a mental illness or is chemically dependent and is in need of involuntary commitment. A hearing, following proper notice and examination, is held by the Probate Court to determine whether involuntary hospitalization and/or other treatment is warranted.

Probate Court does not initiate any paperwork in either an Emergency or Judicial Admission. If someone contacts Probate Court for an Emergency or a Judicial Admission of an alleged mentally ill person or an alleged chemically dependent person, he/she is directed to Coastal Empire Community Mental Health (for mental illness) or Beaufort County Alcohol and Drug Abuse Department (for chemical dependency) for pre-admission screening, to assist in determining whether the case meets the criteria for an Emergency or Judicial Admission.

ALL FILES IN OUR THERAPEUTIC/COMMITMENT DIVISION ARE STRICTLY CONFIDENTIAL, AS PROVIDED BY CODE SECTION 44-22-100. For further information and/or counseling regarding the commencement of a commitment proceeding, contact Coastal Empire Community Mental Health Center (1050 Ribaut Road, Beaufort, SC 29902, Tele #843-524-3378 or 151 Dillon Road, Hilton Head Island, SC 29925, Tele #843-681-4865), for mental illness, and/or Beaufort County Alcohol and Drug Abuse Department (1905 Duke Street, Beaufort, SC 29902, Tele #843-255-6000 or 59 Ulmer Road, Suite 200, Bluffton, SC 29910, Tele #843-255-6020), for chemical dependency.