IVC Petition Writing Guide & Form Helper

Section 1 — The Foundation

The Golden Rule of IVC Petitions

STATE FACTS, NOT CONCLUSIONS

The magistrate must find reasonable grounds to believe that the facts alleged in the affidavit are true and the respondent probably meets the commitment criteria. Mere conclusions — such as "patient is dangerous" or "SI" — do not give the magistrate anything to evaluate. The affiant must assert specific, observable facts: signs, symptoms, behaviors, statements, and circumstances.

In re Ingram, 74 N.C. App. 579 (1985) — "Statute requires the affidavit to contain the facts on which the affiant's opinion is based. Mere conclusions do not suffice."

Conclusion (Will Get Dismissed)	Fact (What the Magistrate Needs)
"Violent"	"Hit boss with a wrench"
"Threatening"	"Said he would cut brother while he slept"
"Aggressive"	"Pushed Mom off the porch"
"Assaulted someone"	"Held hammer in air saying he was going to bust mother's head"
"Patient is mentally ill"	"Locks all her food in a cabinet because she says I'm trying to poison her"
"Respondent is dangerous"	"Constantly accuses me of trying to kill her"
"SI"	"Patient stated 'I want to hang myself with my bedsheet tonight'"
"Suicidal"	"Attempted to tie bedsheet around neck; found by staff and sheet removed"
"Bizarre behavior"	"Found lying disrobed in center of road in sub-freezing temperatures"
"Psychotic"	"Hearing voices telling him to hurt himself; sees shadows following him"

⚠ Also Avoid Legal Terms

Do not use words like "assaulted," "harassed," "battered," "stalked," or "threatened" in the petition. These are legal terms with specific statutory definitions — a magistrate or judge cannot accept them as established fact. Instead, describe exactly what happened:

❌ "Assaulted staff"	✅ "Struck RN Smith with closed fist to the left side of her face"
❌ "Harassed peers"	✅ "Followed patient B into her room 4 times on 3/18, stood over her bed, and stated 'I'm watching you'"
❌ "Threatened staff"	✅ "Stated to MHT Jones: 'I will kill you when you come in my room tonight'"
❌ "Battered another patient"	✅ "Grabbed patient C by the hair and slammed his head into the wall on 3/19"

Advice from a Buncombe County magistrate: use plain behavioral descriptions, not legal conclusions.

Section 2 — Commitment Criteria

The Three Criteria Categories

JFK ADATC: Petitions from this facility will virtually always fall under Inpatient — Mental Illness (Box 1 on the AOC-SP-300). The other categories are shown for reference.

Click each card to expand details about each commitment pathway under NC law.

Inpatient — Mental Illness G.S. 122C-3 JFK Primary

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Two requirements: Mentally ill and dangerous to self or others.

Mental Illness (Adults): An illness that lessens capacity for self-control, judgment, or discretion to a degree that treatment, care, or supervision is necessary or advisable.

The petition must describe specific facts supporting both (1) mental illness and (2) dangerousness. Dangerousness has specific sub-criteria detailed in Sections 3 and 4 below.

Inpatient — Substance Abuse G.S. 122C-3

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Two requirements: Substance abuser and dangerous to self or others.

Substance Abuse: Pathological use or abuse of alcohol or drugs in a way that impairs personal, social, or occupational functioning; may include tolerance or withdrawal.

Facts must establish both the substance use pattern and specific dangerous behaviors. Clinical shorthand like "intoxicated" is insufficient — describe what you observed.

Outpatient Commitment G.S. 122C-3

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All four criteria must be met:

Mentally ill
Needs treatment to prevent further disability or deterioration that would predictably result in dangerousness
Mental status/illness limits or negates ability to make an informed decision to seek or comply with treatment voluntarily
Capable of surviving safely in the community with available supervision from family, friends, or others

This is a higher bar than inpatient — you must address all four prongs with facts.

Section 3 — Dangerous to Self

The Three Pathways for "Dangerous to Self"

Any one of these pathways, if supported by sufficient facts, can establish danger to self. Click each to expand.

1 Inability to Self-Care + Probability of Debilitation

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Two-Prong Test — Both Required (In re Monroe, 49 N.C. App. 23)

Prong 1: Unable to exercise self-control, judgment, or discretion in conducting daily responsibilities and social relations; unable to satisfy needs for nourishment, medical care, shelter, self-protection, and safety.

Prong 2: Reasonable probability of serious physical debilitation in the near future without treatment.

Prima facie inference: Grossly irrational behavior, uncontrolled actions, grossly inappropriate behavior, or severely impaired insight and judgment may establish a prima facie case of inability to care for self. (In re C.G., 2022-NCSC-123)

Example Phrases to Use

"Patient has refused all food for [X] days"
"Patient has not bathed or changed clothing in [X] days"
"Patient is unable to identify current date, location, or own name"
"Patient wandered into traffic on [date]"
"Prior hospitalization on [date] for dehydration/malnourishment following similar episode of medication non-compliance"

Note: Previous episodes of dangerousness to self may be considered when assessing the probability of serious physical debilitation. Always include dates and details of prior episodes.

2 Suicide — Attempted or Threatened

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Attempted or threatened suicide and reasonable probability of suicide without treatment.

"SI" alone is NEVER sufficient. You must describe the specific threat, attempt, or behavior. Clinical shorthand gives the magistrate nothing to evaluate.

Example Phrases to Use

"Patient stated 'I am going to kill myself by [method] when I get the chance'"
"Patient attempted to [specific action] on [date/time]"
"Patient was found [specific circumstance — e.g., tying ligature]"
"Patient has [X] prior suicide attempts, most recently on [date] by [method]"

Distinguish levels: Ideation ranges from fleeting wishes to intense preoccupations. Intent/plan/attempt represent escalating severity. The more specific and imminent, the stronger the petition. Always include what was said, when, and to whom.

3 Self-Mutilation

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Attempted or engaged in self-mutilation and reasonable probability of serious repetition without treatment.

Example Phrases to Use

"Patient cut [body part] with [object] on [date]"
"Patient was found banging head repeatedly against wall causing visible [injury]"
"Patient has [X] documented episodes of self-harm in past [timeframe]"

Section 4 — Dangerous to Others

The Three Pathways for "Dangerous to Others"

Any one of these pathways, if supported by sufficient facts, can establish danger to others.

1 Bodily Harm — Inflicted, Attempted, or Threatened

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Inflicted, attempted, or threatened serious bodily harm and reasonable probability of repetition.

Example Phrases to Use

"Patient struck [staff/patient] with [object/fist] on [date] causing [injury]"
"Patient stated 'I will kill [person] when I leave here' on [date]"
"Patient charged at [person] and had to be physically restrained on [date]"

Case law note: Threatening statements alone are insufficient without specifying when, the nature of the threat, and the danger posed. (In re Holt, 54 N.C. App. 352 (1981))

2 Substantial Risk of Serious Bodily Harm

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Created substantial risk of serious bodily harm to another person and reasonable probability of repetition.

Example Phrases to Use

"Patient threw [heavy object] at [person] on [date], narrowly missing their head"
"Patient set fire to [location] on [date]"

3 Extreme Property Destruction

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Engaged in extreme destruction of property and reasonable probability of repetition.

Example Phrases to Use

"Patient destroyed [specific items] in their room on [date]"
"Patient smashed [specific property] causing $[amount] in damage on [date]"

Section 5 — Phrase Builder

Build Petition Language by Clicking

Click a broad category below, then drill into specific subcategories. Select phrases that fit your patient — each click adds the phrase to your composition area at the bottom. Fill in the bracketed details (dates, names, specifics) and you have petition-ready language. You can also type directly.

Your Petition Language 0 phrases selected

Click phrases above to build your petition language. Selected phrases appear here.

Full Text (edit, reorder, or type directly):

Fill in [bracketed] details — dates, names, medications, specific descriptions. Use the text exactly as written on the AOC-SP-300 facts section.

Section 6 — Timeframe

"Relevant Past" Guidance

What Counts as the "Relevant Past"?

Acts must be within the "relevant past" — close enough to the present to have probative value on whether the conduct will continue. Acts that are part of or connected to the current or ongoing episode, incident, or situation qualify.

Previous episodes of dangerousness may be considered when assessing the probability of future harm — especially when they show a pattern connected to the current situation (e.g., prior medication non-compliance leading to the same type of dangerous behavior).

Tip: Always include dates and timeframes in your petition. "Recently" is vague. "On March 18, 2026" is specific. "Multiple hospitalizations" is vague. "Three prior hospitalizations: June 2024, November 2024, and February 2025" is specific.

Section 7 — Training Resources

NC DHHS Commitment Examiner Training

NC DHHS provides free video training modules for commitment examiners. These are an excellent refresher for anyone who may need to complete an IVC petition.

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Module 1 — NC Laws Pertaining to Involuntary Commitment

Legal framework, statutes, and commitment criteria

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Module 2 — Involuntary Commitment, Part 1

Examination process, petition requirements, and procedures

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Module 3 — Involuntary Commitment, Part 2

Additional procedures, hearings, and follow-up

Full training page: NC DHHS — First Level Commitment Examiner Certification
Contact: IVCCommunication@dhhs.nc.gov (Tanya Thacker) for CE certification questions

Disclaimer: This tool is a writing aid only. It does not constitute legal advice. All petitions must meet the statutory requirements of G.S. 122C-261 and be reviewed for accuracy before submission.

Step 3 of 5

Guided Fact Builder

Complete each section below based on your selected pathways. Be as specific as possible — use dates, times, direct quotes, and observable behaviors. Click phrases from the Word Bank (right panel) to insert them into text areas.

1 Inability to Self-Care + Debilitation

Describe specific self-care deficits observed:

Example phrases — click to insert:

has refused all meals for ___ days has refused all fluids for ___ hours has not bathed or changed clothing in ___ days found lying in own urine/feces on [date] unable to identify current date, location, or own name unable to ambulate without assistance wandered off unit/into traffic on [date] sleeping on floor, refusing bed wearing same soiled clothing for ___ days unable to manage medications independently lost ___ lbs in ___ weeks due to refusal to eat unable to recognize or communicate basic needs refuses life-sustaining medications ([name])