Posted on January 18, 2026

As someone concerned about a loved one's wellbeing, you may find yourself grappling with the daunting possibility of a civil commitment hearing. When navigating these emotional waters, you may also be wondering how you can prepare yourself and help your loved one.

Each forensic civil commitment hearing is unique, reflecting the intricate balance between individual rights and community safety. Unlike criminal trials, which seek to determine whether a person committed a crime, forensic civil commitment hearings ask whether an individual—often already acquitted by reason of insanity (NGRI) or deemed unfit to stand trial—should remain confined in a psychiatric facility. Legal professionals play an instrumental role in this scenario, offering a bridge between the complexities of mental health, the law and the personal narratives that significantly impact these decisions.  

Understanding the Forensic Civil Commitment Process

Forensic civil commitment that arises from criminal charges typically applies to individuals who have been found not guilty by reason of insanity (NGRI) or incompetent to stand trial.

Individuals found NGRI were charged with a crime but acquitted because a mental illness prevented them from understanding their actions or distinguishing right from wrong at the time of the offense.

Individuals found incompetent to stand trial on the other hand cannot understand the court process, communicate effectively with their attorney, or participate meaningfully in their own defense because of mental illness. Commitment in this scenario is for the purpose of restoration and because the bar for competency to proceed is low, individuals are often found “restored,” after receiving medication and reciting the procedures of a criminal case. When there is an opinion a client has been restored, the defense has the opportunity to obtain its own competency evaluation from an independent expert, which can be an essential step for any defense lawyer.

In either situation, the individual has not been convicted of a crime but may face extended confinement or commitment in a state hospital or psychiatric facility.

Navigating the Hearing

A lawyer’s ethical duty is always to their client and attorney-client privilege will limit what information can be disclosed, even to a client’s family. However, a family can help the process in three major areas: (1) providing collateral and background information or records to the attorney well before a hearing; (2) providing the client love and support during a trying time; and (3) appearing in court, in person or remotely, as a witness or support person.

1. Collateral and Background Information

Attorneys may not be able to share information, but an attorney may be able to receive information. For example, before a forensic civil commitment hearing, families can provide essential information to the defense team, which often includes a defense expert or social worker. Providing background and collateral information is one of the best ways families can help. In some cases, records of past treatment received can have a big impact on creating an effective future treatment plan. In other cases, items like school records that are otherwise unavailable can prove essential for mental health professionals and neuropsychologists to assess developmental disabilities, fetal alcohol spectrum disorders, or brain damage. And any background information that tells the client’s unique and important story is always a valuable contribution a family can make.

2. Love and Support

Families of a client who has mental health disabilities can provide love and support to the client as much as they are able. Sometimes this is achieved from a distance and other times may involve regular contact. When families are invited by mental health teams to participate in a particular way and guided by expert recommendations, the value for the client can be immeasurable.

3. Presence in Court

Finally, family members may appear in court. This could be as simple as appearing, whether in person or by remote means, reassuring their loved ones they are not alone. Other times, a family member may even be a witness, or work with the defense team as part of forming a release plan. The role will vary in every case and while some families may benefit greatly from residing together, families can also offer support in the community while the patient benefits from a more supported living environment. There is never a one-size-fits-all approach to how a family member can support a mentally disabled loved one. 

Working with legal counsel, especially those specializing in complex mental health cases, can be transformative for families navigating the criminal process and civil commitment hearings. These legal professionals prioritize your loved one’s dignity and legal rights, tailoring their approach to meet the specific needs of the client. By thoroughly assessing every angle of the case, from medical evaluations to situational background, your attorney effectively provides the court a more complete understanding of the case its hearing. Whether in Seattle, Snohomish County, Spokane, the Tri-Cities, or greater Washington area, skilled representation will always benefit a client with mental health diagnoses. Should you find yourself in need of seasoned experts to advocate for your loved one's rights, contact John Chase via phone at (206) 841-0171 or email. With compassion and experience, I stand ready to support you through this complex journey, ensuring that the legal process acknowledges your loved one's dignity and safeguards their future.

For more information, please contact John Chase via phone at (206) 841-0171 or email.