Engaging with Involuntary Holds In The State of North Dakota
Facing a mental health crisis involving a loved one can feel overwhelming, especially when it results in an involuntary hold. In North Dakota, involuntary commitment is a legal process used when a person’s mental illness puts them at serious risk of harm or prevents them from meeting their basic needs. While it may feel sudden or confusing, this system exists to ensure safety and access to care when someone cannot seek help on their own. From the initial 72-hour emergency hold to the possibility of a court-ordered commitment lasting up to 90 days, this article offers a clear and supportive overview of how the process works—what to expect, what rights your loved one has, and how you can help every step of the way.
Why and How Involuntary Holds Are Used in North Dakota
In North Dakota, an involuntary mental health hold can be used when someone is in a serious crisis and can’t or won’t seek care on their own. This step is only taken when a person’s condition becomes dangerous or disabling enough that waiting for voluntary treatment is no longer safe.
Under North Dakota law, someone may be held involuntarily if they meet one or more of the following conditions:
They are a danger to themselves (such as threatening or attempting suicide)
They are a danger to others (such as threatening violence or acting aggressively)
They are unable to care for their basic needs (such as food, shelter, or medical care) due to mental illness
Once that threshold is met, two main types of holds can take place in North Dakota:
Emergency Hold (Up to 72 Hours)
This is the immediate response when a person is in crisis. A doctor, licensed mental health professional, or law enforcement officer can initiate this hold if they believe someone meets the risk criteria. The person is transported to a hospital or approved mental health facility for evaluation. During this time, medical staff assess the person’s mental state and decide if continued care is needed. This 72-hour period does not include weekends or holidays, so the hold can last slightly longer in practice.
Court-Ordered Mental Health Commitment (Up to 90 Days)
If doctors believe the person needs further treatment after the emergency hold, they can ask the court to approve a longer stay. This requires a legal hearing, evidence from medical professionals, and a judge’s approval. The court-ordered hold can last up to 90 days, and in some cases, it can be extended again if needed. This type of commitment is more structured and includes a formal treatment plan, ongoing reviews, and legal protections for the person receiving care.
Who Has The Power to Initiate a Hold
In North Dakota, not just anyone can place a loved one on an involuntary hold. The law limits this authority to certain people who have the training and responsibility to protect individuals in crisis. These include:
Law enforcement officers: Police or sheriffs can take someone into custody if they believe the person is an immediate danger.
Doctors and mental health professionals: Licensed medical staff can begin the hold during a crisis evaluation or hospital visit.
Licensed mental health counselors or social workers: In some situations, these professionals can initiate a hold after observing concerning behavior.
County or community mental health officials: They may act in cases where ongoing supervision or treatment is needed.
Family members and friends cannot directly place someone on a hold, but they can report concerns to any of the above. Their observations and information may help professionals decide if a hold is necessary.
Inside the Hospital: What Your Loved One Might Experience
Once your loved one is placed on an involuntary hold, they will usually be taken to a hospital or mental health center for care. Here’s what typically happens:
Initial assessment: Medical staff will examine your loved one to understand their mental and physical health.
Observation: They will be watched closely for safety and stability over the hold period.
Treatment planning: Doctors and therapists will begin creating a plan to help your loved one feel better and stay safe.
Communication: Staff should inform your loved one about their rights and the reasons for the hold.
Family involvement: You may be contacted and allowed to provide helpful information or support.
Throughout this time, your loved one is in a secure but supportive environment designed to help them during their crisis.
Understanding Your Loved One’s Rights
Even though your loved one is receiving care without their full consent, they still have important rights to protect their dignity and freedom as much as possible:
Right to know why: They must be told clearly why they are being held and what will happen next.
Right to a lawyer: They can have a lawyer to represent them in court if the hold is extended.
Right to a hearing: They can request a hearing to challenge the hold or the treatment plan.
Right to respectful treatment: They deserve kindness and respect from all staff.
Right to participate: When possible, they should be included in decisions about their care.
Right to privacy: Their personal information must be kept confidential.
Knowing these rights can help families advocate for their loved one’s fair treatment during a stressful time.
What can Happen Next: How the Process Might End
When the initial hold period (up to 72 hours) is over, several outcomes are possible depending on your loved one’s condition:
Release: If doctors determine your loved one is no longer a danger or unable to care for themselves, they will be discharged.
Voluntary admission: Your loved one may agree to stay in the hospital or treatment center for further care.
Extended court-ordered hold: If more treatment is needed, doctors can ask the court for up to 90 more days of care.
Referral to outpatient services: Sometimes, your loved one will leave the hospital but receive ongoing care and monitoring in the community.
Each option aims to balance safety with your loved one’s freedom and recovery goals.
What You Can Do That Really Helps: A Guide for Family and Friends
As a family member or friend, your role is crucial, even if you don’t have legal authority over decisions. Here’s how you can make a difference:
Keep a detailed journal: Write down behaviors, incidents, and any treatments or medications your loved one has received.
Share information: Provide medical staff with useful background, such as history of illness or previous hospital stays.
Attend court hearings: Your presence can support your loved one and show the court you care.
Ask questions: Don’t hesitate to ask doctors and social workers about your loved one’s condition and care plan.
Help with discharge planning: Work with hospital staff to create a safe plan for when your loved one leaves the hospital.
Look after yourself: Supporting someone in crisis is hard—seek help and take care of your own well-being too.
Being informed, involved, and compassionate can ease this difficult time for everyone.
Final Thoughts
Dealing with an involuntary hold is emotionally tough, but remember that help and hope are available. North Dakota’s system is designed to keep people safe while providing care during crisis. By understanding the process, standing up for your loved one’s rights, and taking practical steps to support them, you can be a strong source of comfort and guidance.
