A Guide to Understanding Involuntary Psychiatric Holds in South Carolina
Mental health crises can arise suddenly and unpredictably, often leaving loved ones, friends, and medical professionals in need of a clear course of action. In South Carolina, as in many other states, there are laws and procedures in place to ensure individuals experiencing mental health crises receive the treatment and care they need to recover safely. One of the most important mechanisms is the involuntary psychiatric hold, also known as a mental health hold or involuntary commitment.
What is an Involuntary Psychiatric Hold?
An involuntary psychiatric hold is a legal procedure in which an individual is taken into custody for evaluation and treatment of a mental health disorder against their will. This typically occurs when an individual is perceived to pose a risk to themselves or others due to a mental health crisis. During this time, the individual is placed under observation in a psychiatric facility, where professionals can assess their mental state and determine the appropriate course of treatment. In South Carolina, the legal foundation for an involuntary hold is established by state law and designed to protect individuals while balancing the need for treatment with their civil liberties.
Why Might Someone Be Placed on an Involuntary Hold?
Risk of Harm to Self: If a person is actively suicidal or engaging in suicidal self-harming behaviors.
Risk of Harm to Others: If an individual demonstrates violent behavior, threatens others, or shows signs of posing a serious risk to the safety of others.
Inability to Care for Themselves or Severe Disorientation: If a person is unable to provide basic care for themselves, such as food and clothing, or if they cannot understand their actions or surroundings due to disorientation.
South Carolina’s Hold Laws
In South Carolina, the process for placing someone on an involuntary hold is governed by Title 44, Chapter 22 of the South Carolina Code of Laws (Mental Health Treatment and Procedures). The law outlines several important steps and legal procedures designed to ensure that an individual’s rights are upheld while providing necessary care.
Key Components of South Carolina’s psychiatric hold laws include:
Emergency Detention: An individual can be detained for psychiatric evaluation by a law enforcement officer or mental health professional if they are a danger to themselves or others. This can occur without prior court approval in certain emergencies.
72-Hour Hold: After an emergency detention, an individual may be held for up to 72 hours for further evaluation. During this time, they will be assessed by professionals, who will determine whether they need additional treatment or can be safely released.
Court Hearing: If continued detention is necessary beyond 72 hours, a court hearing is required within a reasonable time frame. This hearing will determine if the individual meets the legal criteria for continued involuntary commitment.
The hearing must be held within 15 days of the date of admission.
The hold may be extended by up to 60 days with a court order, but is most commonly extended by 30 days.
Judicial Oversight: Throughout the process, the individual has the right to legal representation and can contest their detention in court. The judge will review evidence from professionals and determine whether they should remain in treatment or be released.
Types of Involuntary Holds in South Carolina
Emergency Detention
The initial hold following a psychiatric crisis, lasting up to 72 hours
Typically initiated by law enforcement or a mental health professional
Temporary Commitment
After the 72-hour hold, an individual may be temporarily committed to a psychiatric facility if a court finds that they meet the criteria for involuntary treatment.
This commitment usually lasts 30 to 60 days, after which a review will determine if it should be extended further.
Extended Commitment
May be ordered for individuals unable to care for themselves or for those who continue to pose a danger to themselves or others
Typically involves ongoing treatment in a psychiatric facility and regular court reviews to assess progress and needs.
Potential Outcomes
Release and Referral: If the individual is determined not to meet the criteria for involuntary commitment, they may be released from the hold and referred to outpatient services for further treatment.
Involuntary Commitment: If the court finds that the individual poses a danger to themselves or others or is unable to care for themselves, they may be involuntarily committed to a psychiatric facility.
Voluntary Treatment: In some cases, the individual may choose to accept voluntary treatment during or after the involuntary hold. This can sometimes lead to a release from the hold with follow-up care such as therapy and medication.
Transfer to a Long-Term Facility: If the individual requires long-term care, they may be transferred to a state-run facility or another appropriate institution for extended treatment.
Tips & Guidance
If you or someone you know is facing an involuntary psychiatric hold in South Carolina, here are some crucial tips:
Know Your Rights: Under South Carolina law, individuals have the right to legal representation and the right to contest an involuntary hold in court. Consulting a lawyer can be highly beneficial.
Request a Second Opinion: If you believe the individual is being wrongly detained or that their mental health needs are being misjudged, you may request an independent evaluation by another licensed mental health professional.
Prepare for the Hearing: If a court hearing is scheduled, ensure that all relevant medical records and evaluations are available. Having a lawyer or patient advocate present can be helpful during this process.
Understand the Treatment Plan: If the individual is committed to a psychiatric facility, it’s important to stay informed of the treatment plan and what steps are being taken to address their needs.
Be Compassionate: Mental health crises can be challenging for everyone involved. Demonstrating empathy and understanding for the individual can make a world of difference.
Conclusion
Involuntary psychiatric holds are an important tool in ensuring that individuals experiencing mental health crises receive the care and attention they need to protect themselves and others from harm. Laws surrounding these holds balance the need for treatment with individual rights. Because of this, it is important to understand the legal procedures and potential outcomes, as well as to advocate for the rights of those placed under a mental health hold. Whether for a short-term detention or long-term commitment, the goal is always to provide appropriate care while respecting the person’s dignity and autonomy.
