Navigating Involuntary Holds in Iowa: What You Need To Know
An involuntary hold is a necessary medical and legal process ensuring individuals in mental distress receive essential, safe care, though it can be a very tiring process. This article offers clear guidance for navigating this complex intervention.
What Should Families Keep in Mind?
Involuntary holds present families with legal, medical, and emotional challenges. Maintain open communication to support the patient, prepare for safety measures, and utilize support groups/therapy. Gather patient information and stay informed on all rights.
Types of Involuntary Holds in Iowa
Involuntary Commitment for Serious Mental Impairment
This Hold is to provide necessary care for individuals with a serious mental impairment who lack sufficient judgment for treatment decisions
Criteria: Is likely to physically injure, cause serious emotional injury, be unable to satisfy their needs, history of lack of compliance with treatment
Duration: The duration is as long as the courts decide they need it. In the case of Iowa, its commitments are typically for an indefinite period.
Involuntary Commitment for Substance Use Disorder
This Hold is for providing necessary treatment for individuals with a substance-related disorder who lack sufficient judgment for treatment decisions.
Criteria: An individual must be found to suffer from a "substance-related disorder," and they are likely to physically injure themselves or seriously endanger their health
Duration: Same information that applies to “Involuntary Commitment for Serious Mental Impairment” applies to this type of Hold as well.
There is a similar process for both types of Involuntary Hold:
Step 1 - Initiation
Anyone over 18+ can put in a petition for their family member or loved one
Step 2 - Judicial Review of Application and Emergency Detention
A judge will look over the case and decide if a hearing or an emergency hold is necessary.
Step 3 - Examinations and Hearing Scheduling
Once the individual is admitted to the facility, a chief medical officer or someone of that level of medical profession will come to examine the individual.
Step 4 - The Commitment Hearing
The hearing cannot be held less than 48 hours after notice is served, nor more than 5 days after the order for examination.
Step 5 - Court Decision and Order
The court will determine which type of least restrictive environment is needed for the patient's well-being.
Step 6 - Discharge or Review
The chief medical officer will then decide whether the patient is recovered and no longer needs the hold services.
What are the Patient Rights?
Right to Due Process and Legal Representation: The individual has the right to an attorney throughout the entire commitment proceeding.
Right to be Present: The individual has the right to be present at all court hearings regarding their commitment, unless the court determines their presence would be detrimental to their health or would be unduly disruptive.
Right to Present Evidence: They have the right to call witnesses, present evidence, and cross-examine witnesses who testify against them.
Right to Humane and Appropriate Treatment in the Least Restrictive Environment: Patients have the right to prompt evaluation, request a comprehensive, individualized treatment plan, and be placed the individual in the least restrictive environment that effectively meets their treatment needs.
Right to Refuse Certain Treatment: Patients generally have the right to refuse treatment by chemotherapy or shock therapy, unless specifically consented to by their next of kin or guardian.
Right to Communication: Patients are allowed to communicate directly with whomever they want. They have the right to send and receive uncensored mail
Right to Personal Possessions: The patient is allowed access to their personal items (as long as they do not pose a danger to the patient).
Right to Information and Records: Patients must be advised of the facility's rules and their rights upon admission, and be allowed access to their mental health records.
Right to Petition for Discharge/Habeas Corpus: Individuals who are involuntarily committed have the right to petition the court for a writ of habeas corpus to challenge their continued detention and seek discharge.
Right to Appeal: The individual has the right to appeal any court order of involuntary commitment.
No Automatic Loss of Civil Rights: Involuntary commitment does not automatically equate to a finding of legal incompetency or the loss of other civil rights.
Conclusion
It is key to remember that Involuntary Holds, though stressful, are crucial for patient well-being in crisis. Families must seek support (therapy/groups) and know their rights and the patient's rights to ensure the best care.
