I’m not saying mistakes don’t happen, but here in Virginia I’d feel pretty confident that if she’s been in the State psychiatric facility since 9/1, she belongs there.
I worked for five years for the VA agency responsible for treatment of persons with mental illness so this procedure here is fairly well known to me.
First, a concerned person can go to various different officials that have the power to issue an ECO (Emergency Custody Order.) This allows the person to be taken into custody for evaluation, for a period of four hours. The requirements to get an ECO are not that great, and can just be a convincing statement from a family member.
However, the ECO is only for four hours, and during that four hours they need to receive some preliminary assessment.
There is an alternate path, if law enforcement takes a person say, off the streets, into custody because they were exhibiting various behaviors consistent with having a mental disorder or psychotic episode then the whole ECO process is skipped.
After the ECO, a TDO (Temporary Detention Order) can be issued based on that initial assessment. A TDO allows the person to be held for up to 48 hours (more if it overlaps with weekends–up to 96 hours) for a thorough assessment.
At the end of the TDO, a formal civil commitment hearing is held, overseen by either a magistrate, a specially appointed justice appointed by the circuit courts etc. At that hearing a psychiatrist will have always been requested to have done an assessment and prepare their findings for the court. The hearing official listens to the psychiatrist’s opinion and all other evidence available. You can have representation by an attorney at your civil commitment hearing. At the end, they decide whether or not to involuntarily commit the individual to a hospital.
If the decision is made to commit, you are now in custody of the State psychiatric hospital basically until they decide you can be released. The initial commitment period can’t exceed 180 days. You can appeal the commitment beyond the special justice or magistrate who oversaw the civil commitment hearing, up to a jury or circuit court etc. After the end of your 180 days, you are released by default if no other action is taken. But for “long term” guests, the treating psychiatrists and etc will have set up a recommitment hearing for the patient in which basically a whole new commitment hearing is held. They’ll submit evidence from your treatment showing that you are still a threat to self or others and various other things that legally mean you can continue to be committed, and then you get a new involuntary commitment for 180 days. For particularly ill people this all happens pretty routinely, as some psychiatric hospital patients have been in the hospital for years. When I was working for the commonwealth I knew of several patients who had been continuously committed for 30+ years.