Navigating Involuntary Hold in Indiana: What You Need To Know
Involuntary hold is a medical process ensuring mentally unstable patients get the needed care. Though unsettling, it’s vital for safety. This article helps patients and families navigate the process.
What is Involuntary Hold? Are there Multiple Kinds?
In Indiana, involuntary holds allow individuals in mental health crises to be admitted without consent if they pose a danger to themselves or others or are unable to care for basic needs.
Emergency Detention
This is typically the first step in an involuntary commitment for those in immediate crisis situations, specifically where an individual is believed to be mentally ill and poses an imminent danger or is gravely disabled.
Initiation: Law enforcement can transport someone needing immediate hospitalization, submitting a written statement. A court can also order detention for evaluation. Additionally, detention can begin if someone files a written application with the court.
Duration: In the case of the Emergency Detention, an individual is held in their facility for not more than 48 hours (not including weekends and holiday days). If the court, however, decides the individual needs an Involuntary Hold, then their stay will extend to 14 days instead.
Temporary Commitment
This hold is to provide short-term involuntary treatment when an individual is found by a court to be mentally ill or dangerous, or gravely disabled.
Initiation: After an Emergency Detention, the facility superintendent can request a longer hold. The local court handles short-term hold decisions. Petitions must include a recent physician’s statement confirming the individual is mentally ill, dangerous or gravely disabled, and needs care.
Duration: The Temporary Commitment hold can only last for up to 90 days. Extensions for an additional 90-day period are possible, but require new court hearings.
Regular Commitment
This kind of care is put in place for individuals who are deemed too mentally ill or pose a danger to others, and need a longer stay than 90 days. This kind of hold usually only applies to extreme/severe cases.
Initiation: This process is also initiated by filing a petition with the court, which must include a physician's written statement, based on an examination within the past 30 days, stating that the individual meets the criteria.
Duration: A Regular Commitment hold can last for an indeterminate period, but requires periodic review by the court.
Remember Your Rights!
Right to a Proper Court Hearing: The individual has a right to receive legal counsel, be present at the hearing, present evidence and cross-examine, request an independent examination, and request a jury trial.
Right to Treatment in the Least Restrictive Environment: They have the right to receive humane and appropriate care, an independent/specialized treatment plan, and they must be placed in the least restrictive setting.
Right to Refuse Treatment: If the individual feels that their treatment is wrong, or they’re uncomfortable with it, they are generally allowed to refuse it. Although this can be overridden by a court order.
Right to Communication: An individual is allowed to communicate freely and privately if they request it.
Right to Personal Possessions: The patient is allowed to have access to their own personal belongings.
Right to Petition for Discharge: If the patient believes that they are no longer needed for an Involuntary Hold, they are allowed to bring it up to the court and request a review.
Right to Appeal: Individuals possess the right to appeal in front of any court that is deciding on their Involuntary Hold.
No Automatic Loss of Civil Rights: Despite being admitted under an Involuntary Hold, individuals do not lose their immediate rights.
As a Family Member, What Should You Keep in Mind?
Involuntary holds are legally and emotionally hard. Keep communication open to support the patient. Be prepared for tough safety measures and seek support. Share helpful info and know everyone’s rights.
What are Possible Outcomes? What are the Final Thoughts?
Release: Patient leaves if the court finds no need for hold.
Temporary Hold: Up to 90 days for short-term care.
Regular Commitment: Longer hold if needed beyond 90 days.
Extension: Facility can request more time after 90 days.
Outpatient Treatment: Court can require therapy while living in the community.
Discharge: Physician or family can petition to end the hold.
Voluntary Hold: Patient may switch from involuntary to voluntary.
NICS Notification: Court can bar firearm ownership under law.
Final Thought: While the involuntary hold process can be intimidating and stressful, it is designed to safeguard the well-being of individuals in crisis. During this period, seeking support through therapy groups for processing stress is vital for families. Moreover, it is crucial to remain informed about both patient and family rights to ensure the individual receives the highest standard of care possible.
