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May 15, 2025
Posted by
Training & eTracking Solutions
Last Updated: May 12, 2025
Recent Update: Governor Hochul has proposed major changes to NYC's involuntary commitment laws in 2025, following several high-profile incidents in the subway system. These changes aim to expand the criteria for involuntary treatment and strengthen Kendra's Law.
As a social worker in New York City in 2025, understanding the evolving landscape of involuntary commitment laws is crucial. Recent legislative proposals and policy changes have reignited the debate between civil liberties and public safety, making it essential for mental health professionals to stay informed about their legal obligations and ethical responsibilities.
Under current New York law, hospitals can involuntarily hold individuals who are believed to pose a threat to themselves or others. Various professionals, including police officers and mobile crisis outreach teams, can initiate this process. After admittance, a person can be held for up to 60 days if two physicians agree they pose a threat.
Kendra's Law, effective since November 1999, allows courts to order certain people diagnosed with mental illness to attend treatment as a condition for living in the community. Also known as Assisted Outpatient Treatment (AOT), this law is aimed at individuals with a pattern of not following treatment recommendations.
According to studies on Kendra's Law outcomes:
Mayor Eric Adams announced a plan in November 2022 that clarifies the legal authority for outreach workers and first responders to provide care to New Yorkers when severe mental illness prevents them from meeting their basic human needs. This directive seeks to dispel the myth that an "overt act" of violence is required for involuntary intervention.
"We can no longer deny the reality that untreated psychosis can be a cruel and all-consuming condition that often requires involuntary intervention, supervised medical treatment, and long-term care."
- Mayor Eric Adams
The proposed expansions to involuntary commitment laws have sparked significant debate among mental health advocates, civil liberties organizations, and public officials.
The New York Civil Liberties Union argues that these laws violate fundamental freedoms and expand the circumstances under which the state may compel treatment against someone's will. They emphasize that "the real problem is there are not nearly enough mental health care resources available."
Proponents, including Governor Hochul and Mayor Adams, argue that the changes are necessary to provide care to those who cannot recognize their need for treatment. Polls consistently show approximately 90% public support for expanded use of involuntary treatment.
As a social worker in NYC, you should be aware of:
Before considering involuntary commitment, exhaust all less restrictive options including voluntary treatment, intensive outpatient programs, and community support services.
Work with clients, families, and interdisciplinary teams to develop comprehensive treatment plans that address underlying issues and social determinants of health.
The state has invested $16.5 million to expand AOT programs, but continued advocacy for adequate mental health resources remains crucial.
As New York expands Kendra's Law as part of its FY 2026 state budget, social workers will play a crucial role in balancing public safety concerns with individual rights and dignity. The implementation of these laws will require ongoing training, ethical reflection, and commitment to person-centered care.
Remember: The goal is not just compliance with laws but ensuring that vulnerable individuals receive appropriate, compassionate care that respects their autonomy while protecting public safety.
This article is for informational purposes only and does not constitute legal advice. Social workers should consult with their organizations' legal departments and stay updated on current laws and regulations.
