Court Ordered Care

Court Ordered Involuntary Treatment By State

Behavioral Help Solutions provides caring and comprehensive intervention solutions for complex mental health and substance abuse cases. We are experts in working through all of the bureaucratic red-tape and logistical confusion associated with securing high quality mental health and substance care with dignity.

We provide direction, clarity, and support by offering manageable solutions that are proven to work effectively. We emphasize compliance with both clinical recommendations and associated court orders.

If you have ever been told, “I’m sorry, there’s nothing we can do until they actually hurt themselves or someone else.” Behavioral Help Solutions is ready to help you take action now before the next crisis.

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Florida Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basisBaker Act Florida and Marchman Act Florida are examples of orders to initiate involuntary mental health and substance abuse assessments in the State of Florida.

Marchman Act Florida

This procedure involves filing a petition with the Clerk of the court. The petition may be filed by the person’s spouse, guardian, any relative, a private practitioner, the director of a licensed service provider, or any three adults with knowledge of the person. If the person is a minor, the petition may be filed by a parent, a legal guardian, a legal custodian, or a licensed service provider. The court can schedule a hearing within 10 days or issue an ex parte order immediately. The person can be admitted to a hospital, an addiction receiving facility, or a detoxification facility for assessment and stabilization to determine the person’s need for treatment.

Baker Act Florida

A person may be taken to a receiving facility for involuntary examination if there is reason to believe that he or she has a mental illness and because of his or her mental illness:

1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or the person is unable to determine whether the examination is necessary; and

2. a) Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or

b) here is a substantial likelihood that without care or treatment, the person will cause serious bodily harm to self or others shortly, as evidenced by recent behaviors. State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Florida.

Arizona State Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Title 36 is an order to initiate an involuntary mental health assessment in the State of Arizona.

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Title 36 Diversions for the State of Arizona Mental Health Civil Commitment

Preceedings

These proceedings include Court-ordered evaluation (COE) hearings, Court-ordered treatment (COT) hearings, and status review hearings on all COT cases as well as hearings under the jurisdiction of the Psychiatric Security Review Board (PSRB).

When someone who is mentally ill does not wish to seek treatment or wishes to terminate treatment against medical advice, they may find themselves in court, going through a process designed to provide treatment pursuant to a court order. The Court may order that the person be committed to a suitable treatment facility. The length of the Order for Treatment will not exceed one year and the patient is entitled to a period of mandatory local treatment for at least 25 days at one of several mental health treatment agencies. Before this can happen, however, the Court must find that the person, as a result of a mental disorder, meets at least one of the following four criteria:

  • Is a Danger to Him/herself
  • Is a Danger to Others
  • Is Persistently or Acutely Disabled
  • Is Gravely Disabled

Supporting the Recovery Process

If the Court finds by clear and convincing evidence that the patient is suffering a mental disorder and meets one or more of the four criteria, the Court will enter an Order for Treatment. The length and terms will vary. At the expiration of the court-ordered treatment, the patient may be unconditionally released by the treating agency. If further in-patient treatment is indicated, the patient must be re-petitioned, and the process outlined above is repeated.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery.

Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Arizona.

California State Law for court ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. California 5150 is an order to initiate an involuntary mental health assessment in the State of California.

Call us now for a confidential review of your case (305) 467-8666.

Welfare and Institutions Code for the State of California

Division 5: Community Mental Health Services

Part1. The Lanterman-Petris-Short Act

CHAPTER 2. Involuntary Treatment

Article 1. Detention of Mentally Disordered Persons for Evaluation and Treatment

5150 California

(a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or a professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. As defined in subdivision (e) of Section 5008, crisis intervention may be provided concurrently with assessment, evaluation, or any other service.

(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.

State laws, such as 5150 California, are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of California.

Colorado Law for court-ordered drug rehab and involuntary commitment for mental health disorders on both an inpatient and outpatient basis. The Gravely Disabled Statute in Colorado is an example of an order to initiate an involuntary mental health assessment in the State of Colorado.

Call us now for a confidential review of your case (305) 467-8666.

Gravely Disabled Statute Colorado

COLO. REV. STAT. § 27-10-111(1). “The court or jury shall determine that the respondent needs care and treatment only if the court or jury finds such person mentally ill and, as a result of such mental illness, a danger to others or himself or gravely disabled . . . .”

COLO. REV. STAT. § 27-10-102(5)

(a) “Gravely disabled” means a condition in which a person, as a result of mental illness:

(I) Is in danger of serious physical harm due to his inability or failure to provide himself the essential human needs of food, clothing, shelter, and medical care; or

(II) Lacks judgment in the management of his resources and in the conduct of his social relations to the extent that his health or safety is significantly endangered and cannot understand that this is so.

(b) A person who, because of care provided by a family member or by an individual with a similar relationship to the person, is not in danger of serious physical harm or is not significantly endangered following paragraph (a) of this subsection (5) may be deemed “gravely disabled” if there is a notice given that the support given by the family member or other individual who has a similar relationship to the person is to be terminated and the individual with mental illness:

(I) Is diagnosed by a professional person as suffering from Schizophrenia; a major affective disorder; a delusional disorder; or another mental disorder with psychotic features; and

(II) Has been certified, under this article, for treatment of such disorder or has been admitted as an inpatient to a treatment facility for treatment of such disorder at least twice during the last thirty-six months with a period of at least thirty days between certifications or admissions; and

(III) Is exhibiting a deteriorating course leading toward danger to self or others or toward the conditions described in paragraph (a) of this subsection (5) with symptoms and behavior which are substantially similar to those which preceded and were associated with his hospital admissions or certifications for treatment; and

(IV) Is not receiving treatment, which is essential for his health or safety.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Colorado.

Illinois Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders are both inpatient and outpatient. Article VI-Emergency Admission by Certification Illinois is an order to initiate an involuntary mental health assessment in the State of IllinoisArticle VI-Emergency Admission by Certification Illinois.

Call now for a confidential review of your case (305) 467-8666.

A person 18 years of age or older who is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization may be admitted to a mental health facility under this Article.

Involuntary Admission & Petition

(a) When a person is asserted to be subject to involuntary admission on an inpatient basis and in such a condition that immediate hospitalization is necessary for the protection of such person or others from physical harm, any person 18 years of age or older may present a petition to the facility director of a mental health facility in the county where the respondent resides or is present. The facility director of the facility may prepare the petition.

(b) The petition shall include all of the following:

  1. A detailed statement of the reason for the the assertion that the respondent is subject to involuntary admission on an inpatient basis, including the signs and symptoms of mental illness and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.
  2. The name and address of the spouse, parent, guardian, substitute decision-maker, if any, and close relative, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses. If the petitioner cannot supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.
  3. The petitioner’s relationship to the respondent and a statement as to whether the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent. If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.
  4. The names, addresses, and phone numbers of the witnesses by which the facts asserted may be proved.

(c) Knowingly making a material false statement in the petition is a Class A misdemeanor. Consent to admission by healthcare surrogate. Under the Health Care Surrogate Act, a surrogate decision-maker may not consent to the access to a mental health facility of a person who lacks decision-making capacity. A surrogate may, however, petition for involuntary admission according to this code. This Section does not affect the authority of a court-appointed guardian.

The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, or clinical psychologist, which states that the respondent is subject to involuntary admission on an inpatient basis and requires immediate hospitalization. The certificate shall indicate that the physician, qualified examiner, psychiatrist, or clinical psychologist personally examined the respondent not more than 72 hours before admission. It shall also contain the physician’s, qualified examiner’s, psychiatrist’s, clinical psychologist’s clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his rights under section 3-208.

(a) If no physician, qualified examiner, psychiatrist, or clinical psychologist is immediately available or it is not possible after a diligent effort to obtain the certificate provided for in Section 3-602, the respondent may be detained for examination in a mental health facility upon presentation of the petition alone pending the obtaining of such a certificate.

(b) In such an instance, the petition shall conform to the requirements of Section 3-601 and further specify that:

  1. the petitioner believes, as a result of his personal observation that the respondent is subject to involuntary admission on an inpatient basis;
  2. a diligent effort was made to obtain a certificate;
  3. no physician, qualified examiner, psychiatrist, or clinical psychologist could be found who has examined or could examine the respondent; and
  4. a diligent effort has been made to convince the respondent to appear voluntarily for examination by a physician, qualified examiner, psychiatrist, or clinical psychologist unless the petitioner reasonably believes that effort would impose a risk of harm to the respondent or others.

No person detained for examination under this Article based on a petition alone may be held for more than 24 hours unless, within that period, a certificate is furnished to or by the mental health facility. If no certificate is furnished, the respondent shall be released forthwith.

In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared according to this Article, the county sheriff of the county in which a respondent is found shall take a respondent into custody and transport him to a mental health facility, or may make arrangements with another public or private entity including licensed ambulance service to transport the respondent to the mental health facility. In the event it is determined by such facility that the respondent needs commitment or treatment at another mental health facility, the county sheriff shall transport the respondent to the appropriate mental health facility, or the county sheriff may make arrangements with another public or private entity including licensed ambulance service to transport the respondent to the mental health facility.

(b) The county sheriff may delegate his duties under subsection (a) to another law enforcement body within that county if that law enforcement body agrees.

(b-5) In counties with a population under 3,000,000, upon receipt of a petition and certificate prepared pursuant to this Article, the Department shall arrange to transport the respondent to a mental health facility appropriately. In the event, it is determined by the facility that the respondent needs commitment or treatment at another mental health facility. The Department shall make arrangements to transport the respondent to another mental health facility appropriately. The making of such arrangements and agreements with public or private entities is independent of the Department’s role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent’s insurance carrier, as well as other programs, both public and private, that provide payment for such transportation services, are fully utilized to the maximum extent possible.

The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.

(c) The transporting authority acting in good faith and without negligence in connection with respondents' transportation shall incur no liability, civil or criminal, because of such transportation.

(d) The respondent and the estate of that respondent are liable for the payment of transportation costs for transporting the respondent to a mental health facility. If the respondent is a beneficiary of a trust described in Section 15.1 of the Trusts and Trustees Act, the trust shall not be considered a part of the respondent’s estate. It shall not be subject to payment for transportation costs for transporting the respondent to a mental health facility under this Section except to the extent permitted under Section 15.1 of the Trusts and Trustees Act. Suppose the respondent is unable to pay or the respondent's estate is insufficient. In that case, the responsible relatives are severally liable for the payment of those sums or for the balance due in less than the amount owed has been paid. If the respondent is covered by insurance, the insurance carrier shall be liable for payment to the extent authorized by the respondent’s insurance policy.

A peace officer may take a person into custody and transport him to a mental health facility when the peace officer has reasonable grounds to believe that the person is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm. Upon arrival at the facility, the peace officer may complete the petition under Section 3-601. If the petition is not completed by the peace officer transporting the person, the transporting officer’s name, badge number, and the employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.

Court ordered temporary detention and examination. When, as a result of personal observation and testimony in open court, any court has reasonable grounds to believe that a person is appearing before it is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm, the court may enter an order for the temporary detention and examination of such person. The order shall outline in detail the facts which are the basis for its conclusion. The court may order a peace officer to take the person into custody and transport him to a mental health facility. The person may be detained for examination for no more than 24 hours to determine whether or not she or he is subject to involuntary admission and in need of immediate hospitalization. Suppose a petition and certificate are executed within 24 hours. In that case, the person may be admitted provided that the certificate states that the person is both subject to involuntary admission and in need of immediate hospitalization. Suppose the certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization. In that case, the person may remain in his or her place of residence, pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. The provisions of this Article shall apply to all petitions and certificates executed under this Section. If no petition or certificate is executed, the person shall be released.

Upon completion of one certificate, the facility may begin the treatment of the respondent. However, the respondent shall be informed of his right to refuse medication, and if he refuses, medication shall not be given unless it is necessary to prevent the respondent from causing serious harm to himself or others. The facility shall record what treatment is given to the respondent, together with the reasons therefor.

Within 12 hours after his admission, the respondent shall be given a copy of the petition and a statement as provided in Section 3-206. Not later than 24 hours, excluding Saturdays, Sundays and holidays, after admission, a copy of the petition and information shall be given or sent to the respondent’s attorney and guardian, if any. The respondent shall be asked if he desires such documents sent to any other persons, and at least two such persons designated by the respondent shall receive such documents. The respondent shall be allowed to complete no less than two telephone calls at the time of his admission to such persons as he chooses.

As soon as possible but not later than 24 hours, excluding Saturdays, Sundays, and holidays, after the admission of a respondent pursuant to this Article, the respondent shall be examined by a psychiatrist. The psychiatrist may be a member of the facility's staff but shall not be the person who executed the first certificate. If a psychiatrist has already completed a certificate following the respondent’s admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. Suppose the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization. In that case, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. If the respondent is not examined or if the psychiatrist, physician, clinical psychologist, or qualified examiner does not execute a certificate according to Section 3-602, the respondent shall be released forthwith.

Within 24 hours, excluding Saturdays, Sundays, and holidays, after the respondent’s admission under this Article, the facility director of the facility shall file two copies of the petition, the first certificate, and proof of service of the petition and statement of rights upon the respondent with the court in the county in which the facility is located. Upon completion of the second certificate, the facility director shall promptly file it with the court. The facility director shall make copies of the certificates available to the attorneys for the parties upon request. Upon filing the petition and first certificate, the court shall set a hearing to be held within five days, excluding Saturdays, Sundays, and holidays, after receipt of the petition. The court shall direct that notice of the time and place of the hearing be served upon the respondent, his responsible relatives, and the persons entitled to receive a copy of the petition according to Section 3-609.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Illinois.

Kentucky Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Casey’s Law Kentucky is an order to initiate an intuitive substance abuse assessment in the State of Kentucky.

Casey’s Law Kentucky

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Obtain a copy of the petition from the District Court clerk’s office by requesting Form 700A – the Verified Petition for Involuntary Treatment of Alcohol/Drug Abuse.

A spouse, relative, friend, or guardian of the substance abuse-impaired person completes the petition and files it with the District Court clerk.

The court reviews the allegations in the petition and examines the petitioner under oath.

The court determines whether there is probable cause to order treatment for the person named in the petition (the respondent).

If probable cause is established a judge appoints an attorney to represent the respondent, order the respondent to be evaluated, and schedule a hearing within 14 days.

The respondent is notified of the date and purpose of the hearing.

The respondent is evaluated by two qualified health professionals, at least one of whom is a physician, to determine if the respondent could benefit from treatment.

If the judge finds the respondent should undergo treatment, the court shall order treatment from 60 days up to 360 days, depending upon the petition's request and the result of the evaluation. Treatment options vary depending upon each individual’s circumstances and range from detoxification to intensive treatment through recovery.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery.

Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Kentucky.

Maine Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Blue Paper Maine is an order to initiate an involuntary mental health assessment in the State of Maine.

Call us now for a confidential review of your case (305) 467-8666.

Blue Paper Maine

The form used to request that someone be involuntarily committed is commonly referred to as the “Blue Paper”.

Who Can Request that Some One be Involuntarily Committed?

Anyone, including health care providers and law enforcement officers, may request that a person be involuntarily committed. They do that by filling out Part 1 of the “Blue Paper”. The person making the request must state:

  • His/her Belief That the Person Has a Mental Illness
  • His/her Belief That the Person Poses a Likelihood of Serious Harm Because of the Mental Illness
  • Why S/he Believes This

The person making the request must also provide the name and address of the proposed patient’s guardian, spouse, parent, adult child, next of kin, or (if none of those exists) friend so that the hospital can fulfill its obligation to notify that person.

What Happens After Some One Starts a Blue Paper?

The person making the request then finds a doctor or other clinical person to do a “certifying examination.” The examination is usually done by crisis staff or hospital staff.

The examiner completes Part 2 of the Blue Paper and must make an official statement that the person examined:

  • Has a Mental Illness; and
  • The Illness Causes a Substantial Risk of Harm to Self and/or Others

The examiner must explain the reasons for her/his opinions and specify the least restrictive form of transportation that would meet the patient’s clinical needs.

The person requesting involuntary hospitalization (usually crisis or hospital staff) then locates a hospital bed and somebody to provide transportation and asks a judge or justice of the peace to sign Part 3 of the Blue Paper, indicating that the application was completed following the law. The judge or justice of the peace doesn’t determine whether the statements on the application are true or not.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery.

Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Maine.

Section 35, and Section 12 or Pink Paper Massachusetts are statues that provide for involuntary hospital assessments in the State of Massachusetts.

Call us now for a confidential review of your case (305) 467-8666.

Section 12 Massachusetts or Pink Paper Massachusetts

House Bill 4681, An Act to Improve Emergency Access to Mental Health Services, is an order to transport to a hospital an individual believed to meet civil commitment criteria. The Pink Paper Massachusetts orders a mentally ill individual to be restrained and taken to a hospital in the belief that failure to hospitalize would create a likelihood of serious harm because of mental illness as evidenced by suicidality, homicidally, and/or markedly impaired judgment due to symptoms of mental illness to such an extent that the person is unable to care/protect self. Upon arrival at the hospital, the patient must be evaluated by an appropriate medical professional to determine if involuntarily commitment for 72 hours is required.

Section 35 Massachusetts

“Alcoholic” shall mean a person who chronically or habitually consumes alcoholic beverages to the extent that (1) such use substantially injures his health or substantially interferes with his social or economic functioning, or (2) he has lost the power of self-control over the use of such beverages. For this section, “substance abuser” shall mean a person who chronically or habitually consumes or ingests controlled substances or who intentionally inhales toxic vapors to the extent that: (i) such use substantially injures his health or substantially interferes with his social or economic functioning; or (ii) he has lost the power of self-control over the use of such controlled substances or toxic vapors.

Any police officer, physician, spouse, blood relative, guardian, or court official may petition in writing any district court or any division of the juvenile court department for an order of commitment of a person whom he has reason to believe is an alcoholic or substance abuser. Upon receipt of a petition for an order of commitment of a person and any sworn statements the court may request from the petitioner, the court shall immediately schedule a hearing on the petition. It shall cause a summons and a copy of the application to be served upon the person in the manner provided by section twenty-five of chapter two hundred and seventy-six. If the person’s failure to appear at the time summoned, the court might issue a warrant for the person’s arrest. Upon presentation of such a petition, if there are reasonable grounds to believe that such person will not appear and that any further delay in the proceedings would present an immediate danger to the physical well-being of the respondent, said court might issue a warrant for the apprehension and appearance of such person before it. No arrest shall be made on such a warrant unless the person may be presented immediately before a judge of the district court. The person shall have the right to be represented by legal counsel and may present independent expert or other testimony.

If the court finds the person indigent, it shall immediately appoint counsel. The court shall order examination by a qualified physician or a qualified psychologist.

State laws, such as Section 12 Massachusetts and Section 35 Massachusetts, are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Massachusetts.

Michigan Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis.

Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Michigan.

New Jersey Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis.

Call us now for a confidential review of your case(305) 467-8666.

Involuntary Civil Commitment New Jersey

Involuntary Civil Commitment in New Jersey requires immediate court (Superior Court judge or Municipal Court judge) review of the papers presented and a determination of whether there exists the statutory basis for issuance of a temporary order of commitment.

Before signing an order of temporary commitment, the judge must find “probable cause to believe that the person requires involuntary commitment.” “In need of involuntary commitment” is defined by the statute as:
…an adult who is mentally ill, whose mental illness causes the person to be dangerous to self or harmful to others or property and who is unwilling to be admitted to a facility voluntarily for care, and who needs care at the short-term care, psychiatric facility or special psychiatric hospital because other services are not appropriate or available to meet the person’s mental health care needs.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of New Jersey.

Nevada Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Legal 2000 is an order to initiate an involuntary mental health assessment in the State of Nevada.

Legal 2000 Nevada

1. Except as otherwise provided in NRS 432B.6075, a proceeding for involuntary court-ordered admission of any person in the State of Nevada may be commenced by filing a petition with the clerk of the district court of the county where the person who is to be treated resides. The spouse, a parent may file the petition, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

(a) By a certificate of a physician, psychiatrist or licensed psychologist stating that he has examined the person alleged to be a person with mental illness and has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or others if allowed his liberty; or

(b) By a sworn written statement by the petitioner that:

(1) The petitioner has, based upon his observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or others if allowed his liberty; and
(2) The person alleged to be a person with mental illness has refused to submit to examination or treatment by a physician, psychiatrist, or licensed psychologist.

2. Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and a petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Nevada.

New York Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Kendra’s Law provides for court-ordered care for outpatient treatment in the State of New York.

Call now for a confidential review of your case(305) 467-8666.

Kendra’s Law New York

In 1999, New York State Enacted Legislation that provides for assisted outpatient treatment for certain people with mental illness who, in view of their treatment history and present circumstances, are unlikely to survive safely in the community without supervision. This law is commonly referred to as “Kendra’s Law” and is outlined in §9.60 of the Mental Hygiene Law (MHL). It was named after Kendra Webdale, a young woman who died in January 1999 after being pushed in front of a New York City subway train by a person living in the community at the time but was not receiving treatment for his mental illness. In 2005, the law was renewed with several changes, which are noted in this article.

Mental Hygiene Law New York

When someone is admitted to a New York psychiatric center under the Mental Hygiene Law, the admission falls under one of three general categories: informal, voluntary, or involuntary.

Informal admission occurs when someone requests treatment and is admitted without a formal or written application. The patient is free to leave at any time while on such an admission status.

Voluntary admission occurs when someone who is 16 or older applies in writing for admission. If the person is under 18, the parent, legal guardian, custodian, or next of kin may have the authority to apply on the person’s behalf.

A voluntary status patient may make a written request for discharge at any time. If the patient is under age 18, the request for discharge may also be made by the person who applied for the patient’s admission, by another person of an equal or closer relationship, or by the Mental Hygiene Legal Service.

A voluntary patient who submits a written request to leave the hospital must be released unless the psychiatric center director believes that the person meets the requirements for involuntary admission and needs to stay. In this case, the director must apply to a judge within 72 hours to keep the patient.

Suppose you are hospitalized as either a voluntary or informal status patient. In that case, you must be informed periodically of your status and rights, including your right to assistance from the mental hygiene legal service. Once a year the psychiatric center director and the Mental Hygiene Legal Service must review each voluntary or informal status patient’s suitability and willingness to remain on such status.
Involuntary admission can take place in one of three ways:

1. Medical certification requires that two physicians examine a person and certify that he or she needs involuntary care and treatment in a psychiatric facility. This is sometimes known informally as a “two p.c.” shorthand for “two physicians certify.” This certification must be accompanied by an application for admission, made by someone familiar with the individual (for example, a legal guardian, custodian, next of kin, treating psychiatrist or someone who lives with the person) or by one of several government officials.

If you are involuntarily admitted on a medical certificate, or converted to that status, you may be kept in a psychiatric center for up to 60 days. Suppose you – or a relative, friend or the Mental Hygiene Legal Service – believe that you do not need to be involuntarily hospitalized. In that case, you or any of the others may apply for a court hearing on this matter.

At the end of this 60 days, and periodically after that, the psychiatric center director must apply to a judge for authorization to retain you as an involuntary status patient. You must be notified when such an application is made, and you have the right to object and be represented by the Mental Hygiene Legal Service or your attorney at the hearing.

2. Certification by a director of community services, or an examining physician designated by the director of community services.

This certificate states that the person has a mental illness, which is likely to result in serious harm to self or others and for which immediate inpatient care and treatment is appropriate.

If you are admitted in this way, you must be examined within 72 hours by a staff psychiatrist. If the psychiatrist confirms that you meet the requirements for involuntary admission based on medical certification, you may be kept in the psychiatric center for up to 60 days. The procedure for involuntary retention beyond 60 days, and the patient’s right to a hearing, are the same as outlined in Section 1, above.

3. Emergency admission based on the claim that the person has a mental illness, which is likely to result in serious harm to self or others and for which immediate observation, care, and treatment in a psychiatric center is appropriate.

If you are admitted in this way, you must be examined within 48 hours by a staff psychiatrist. If he or she confirms that you meet the requirements for emergency admission, you may be kept in the psychiatric center for up to 15 days. For you to be kept involuntarily beyond 15 days, you must meet the requirements for, and be converted to, an involuntary admission based on medical certification.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of New York.

Ohio Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Pink Slip Ohio a term used to reference Chapter 5122 an order to initiate an involuntary mental health assessment in the State of Ohio.

Pink Slip Ohio

Is a term used to reference an application for emergency hospitalization for an individual who is mentally ill in the State of Ohio who appears to present with a substantial risk of physical harm to self or others if allowed to remain at liberty pending examination.

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Chapter 5122 Ohio

The chief clinical officer of a hospital may, and the chief clinical officer of a public hospital in all cases of psychiatric medical emergencies, shall receive for observation, diagnosis, care, and treatment any person whose admission is applied for under any of the following procedures:

(1) Emergency procedure, as provided in section 5122.10 of the Revised Code;(2) Judicial procedure as provided in sections 2945.38 , 2945.39 , 2945.40 , 2945.401 , 2945.402 ,and 5122.11 to 5122.15 of the Revised Code.

Upon application for such admission, the hospital's chief clinical officer immediately shall notify the board of the patient’s county of residence. To assist the hospital in determining whether the patient is subject to involuntary hospitalization and whether alternative services are available, the board or an agency the board designates promptly shall assess the patient unless the board or agency already has performed such assessment, or unless the commitment is pursuant to section 2945.38 , 2945.39 , 2945.40 , 2945.401 , or 2945.402 of the Revised Code.

State laws, such as Pink Slip Ohio and Chapter 5122 Ohio, are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Ohio.

Pennsylvania Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Section 302 Pennsylvania is an order to initiate an involuntary mental health assessment in the State of Pennsylvania. 

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302 Involuntary Commitment Order Pennsylvania

Section 302 Pennsylvania refers to the statute that provides for involuntary mental health assessment in the State of Pennsylvania for persons who are dangerous to themselves or others due to mental illness, thereby establishing the legal framework to filing a petition to initiate the process. Dangerous is determined based on the following criteria:

  • Danger to self shall be shown by establishing that within the previous 30 days:
  • The person would be unable without the care, supervision, and assistance of others to satisfy his/her need for nourishment, personal or medical care, shelter or self-protection or safety, and that death or serious physical debilitation would occur within 30 days unless treatment was provided;
  • The person has attempted suicide, or the person has made threats to commit suicide and committed acts in furtherance of the threats; or
  • The person has mutilated himself/herself or has made threats to mutilate and committed acts to further the threats.

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Danger to others shall be shown by establishing that within the previous 30 days, the person has inflicted or attempted to inflict serious bodily harm on another or has threatened serious bodily harm and has committed acts in furtherance of the threat to commit harm to another.

Because this commitment is involuntary, it may require family, crisis professionals, police, ambulance, and any other person involved in the crisis.

In every 302, a petitioner is required to sign the 302 and appear at a hearing, if necessary. A petitioner must have first-hand knowledge of the dangerous conduct and be willing to go to an emergency room or the Office of Behavioral Health (OBH), located at One Smithfield Street, to sign the 302 form.

The petitioner may be required to testify at a hearing regarding the dangerous conduct that he or she witnessed. A police officer or a doctor has the authority to initiate a 302 without prior authorization from the OBH delegate.

Once a 302 is authorized, the individual will be taken to an emergency room by the police or ambulance for an evaluation by a physician to determine if they need to be admitted for involuntary psychiatric inpatient treatment. If the individual is admitted, they may be kept no longer than 120 hours unless the hospital files a petition for a 303, Extended Emergency Involuntary Treatment.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Pennsylvania.

Texas Law for court-ordered drug rehab and involuntary commitment for both addiction and mental health disorders on both an inpatient and outpatient basis.

Chapter 573 Mental Health Code Texas is an order to initiate an involuntary mental health assessment in the State of Texas.

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Chapter 573 Texas

SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR EMERGENCY DETENTION BY GUARDIAN

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Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. 

  • A peace officer, without a warrant, may take a person into custody if the officer:
  • Has reason to believe and does believe that:
  • The person is mentally ill; and
  • Because of that mental illness, there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and
  • Believes that there is not sufficient time to obtain a warrant before taking the person into custody.
  • A substantial risk of serious harm to the person or others under Subsection (a)(1)(B) may be demonstrated by:
  • The person’s behavior; or
  • Evidence of severe emotional distress and deterioration in the person’s mental condition to the extent that they cannot remain at liberty.
  • The peace officer may form the belief that the person meets the criteria for apprehension:
  • From a representation of a credible person; or
  • Based on the conduct of the apprehended person or the circumstances under which the apprehended person is found.
  • A peace officer who takes a person into custody under Subsection (a) shall immediately transport the apprehended person to:
  • The nearest appropriate inpatient mental health facility; or
  • A mental health facility deemed suitable by the local mental health authority if an appropriate inpatient mental health facility is not available.
  • A jail or similar detention facility may not be deemed suitable except in an extreme emergency.
  • A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime.
  • A peace officer who takes a person into custody under Subsection (a) shall immediately inform the person orally in simple, non-technical terms:
  • Of the reason for the detention; and
  • That a staff member of the facility will inform the person of the person’s rights within 24 hours after the time the person is admitted to a facility, as provided by Section 573.025(b).
  • A peace officer who takes a person into custody under Subsection
  • May immediately seize any firearm found in possession of the person. After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure. Sec. 573.002. PEACE OFFICER’S NOTIFICATION OF DETENTION.
  • A peace officer shall immediately file with a facility notification of detention after transporting a person to that facility following Section 573.001;
  • The notification of detention must contain:
  • A statement that the officer has reason to believe and does believe that the person evidences mental illness;
  • A statement that the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to the person or others;
  • A specific description of the risk of harm;
  • A statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
  • A statement that the officer’s beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer;
  • A detailed description of the specific behavior, acts, attempts, or threats; and
  • The name and relationship to the apprehended person of any person who reported or observed the behavior, acts, attempts, or threats.
  • The facility where the person is detained shall include the notification of detention described by this section in the detained person's clinical file.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Texas.