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Criteria for civil commitment are established by law, which varies between nations, in the U. S., from state to state, and in Canada, from province to province.
Commitment proceedings often follow a period of emergency hospitalization during which an individual with acute psychiatric symptoms is confined for a relatively short duration ( e. g. 72 hours ) in a treatment facility for evaluation and stabilization by mental health professionals-who may then determine whether further civil commitment is appropriate or necessary.
If civil commitment proceedings follow, the evaluation is presented in a formal court hearing where testimony and other evidence may also be submitted.
The subject of the hearing is typically entitled to legal counsel and may challenge a commitment order through habeas corpus rules.

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