Everything You Need to Know About Involuntary Holds in Maryland
Involuntary Holds in Maryland: Laws, Criteria, and Guidance
Involuntary holds, also known as involuntary commitment, occur when someone is placed in a psychiatric treatment facility against their will for evaluation and treatment. While it is not a long-term solution, this process is crucial to ensuring the safety of a person who poses a danger to themselves or others.
Important Notes about Involuntary Holds
There is no option for involuntary commitment to an outpatient care facility. Maryland is one of the three states in the United States that does not offer outpatient care facilities for individuals that are involuntarily committed.
Substance use disorder is not considered a mental illness. An involuntary commitment will only be considered if substance use disorder occurs with a mental health disorder.
Types of Involuntary Holds
Emergency Petitions: can be done by anyone and requires submitting an application to the District Court, presenting clear evidence that indicates that the person in question poses a danger to themselves or others.
Involuntary Admission: requires certification by at least two medical professionals. This can either be two physicians or a physician and licensed psychologist, who must confirm that the individual has a mental disorder that is dangerous to themselves or others.
Criteria for Involuntary Holds in Maryland
A petition for emergency evaluation can be made once the patient is examined and there is reason to believe that the individual in psychiatric crisis meets at least one of the following criteria:
Suicidal thinking and/or behavior
Acute psychotic symptoms
Sudden change in mental status
Homicidal thinking and/or behavior
Violence
In order to be admitted involuntarily to a psychiatric facility in Maryland, all of the following must be true:
The person has a mental illness
The person needs inpatient care or treatment
The person presents a danger to themselves or others
The person is unable or unwilling to be admitted voluntarily
There is no available, less restrictive form of care or treatment to meet the person’s needs.
If the person is 65 years of age or older, and involuntarily admitted to a State hospital, an evaluation team must have determined that there is no less restrictive environment than the State hospital where they can receive the needed care.
Rights for Involuntary Commitment Patients
The right to be evaluated by a psychiatrist within 24 hours upon entering the hospital.
The right to request a change of admission status to voluntary at any time.
If status does not change, the patient is entitled to an involuntary admission hearing within 10 days, which is to determine whether the patient meets the criteria for an involuntary hold.
The hearing may be postponed for a maximum of 7 days.
The patient will be given oral and written notice of the hearing date and an explanation of their rights at the hearing. A copy of this notice will be given to the patient, placed in their medical record, and sent to the patient’s parent, guardian, or next of kin.
Tips and Guidance for Family/Caregivers
Before taking the steps to admit an individual for involuntary hold, remember to navigate voluntary hold options. Maryland law states that a patient can only be involuntarily committed if there is no available, less restrictive form of care or treatment so ensure that the patient meets all the criteria.
Stay informed about the laws in your state and the patient’s rights in order to be able to advocate for the patient’s needs when they are unable to.
After the patient is discharged from the facility, support them in their struggles and help them navigate the next steps of their treatment.
Conclusion
Involuntary holds can be a mentally straining event for an individual, which is why it is necessary that family and caregivers support the individual throughout the process, as well as afterwards.
