Everything You Need to Know About Involuntary Holds in Minnesota
Involuntary hold, or civil commitment in Minnesota, is a necessary, involuntary hospitalization of an individual facing a mental health crisis. Those placed under an involuntary hold are often at danger of harming themselves or other people.
Criteria for Civil Commitment in Minnesota
A person can be placed on involuntary hold in Minnesota if they are in a mental health crisis or if they have substance use disorder. The two main purposes of civil commitment for individuals facing a mental health crisis are:
To treat persons with mental illnesses when they are unable or un-willing to seek treatment voluntarily.
To protect the person with a mental illness and others from harm due to the illness.
A mental health crisis (qualifying an individual for civil commitment) can be defined as any situation in which a person’s behaviors put them at risk of hurting themselves or others and/or when they are not able to resolve the situation with the skills and resources available.
Civil Commitment in Minnesota can only occur when:
The person has a mental illness, chemical dependency, or developmental disability, and
There is a serious risk they could harm themselves or others, or
They cannot provide basic needs like food, shelter, or medical care due to their condition, and
There are no less-restrictive options available.
Process of Civil Commitment in Minnesota
These are the steps taken in order to place someone under civil commitment in Minnesota, as well as what happens during the process.
1. Pre-Petition Screening - the county screening team assesses the situation through a screening.
Interviews the individual in crisis.
Speaks to people who know the person, such as family, hospital staff, care providers.
Look at their mental health and medication history.
Tries to find alternatives to commitment, such as outpatient care.
Provides written notice of rights to the person being evaluated.
2. Filing the Petition
Any “interested person” — a doctor, family member, or concerned party — can file a petition with the court, except members of the screening team. The petition must be filed in the county where the person lives or where they are currently located.
Once filed, the court may place the person on a judicial hold, which allows them to remain in the hospital during the next steps.
3. The Preliminary Hearing — must take place within 72 hours (not counting weekends or holidays) after a judicial hold begins.
The person has the right to a court-appointed attorney.
A judge decides if there’s enough evidence to keep them in care until the full hearing.
A substitute decision-maker may be appointed to consent to medications if needed.
4. The Commitment Hearing — a formal court proceeding, usually held within 14 days of filing the petition. It can be delayed by up to 30 more days if needed, or held faster if the person requests it.
During the Commitment Hearing:
The patient can testify, present evidence, or choose not to attend
They cannot be forced to take medications before or during the hearing unless legally ordered
The judge considers all evidence before making a decision.
The court can order commitment if:
The person has a qualifying condition (mental illness, substance use disorder, developmental disability)
They are at substantial risk of harming themselves or others, or unable to care for themselves
No other less-restrictive option is available
The initial commitment can last for up to six months.
5. Alternatives to Full Commitment - If the person agrees to follow a treatment plan, the court can decide to provide them with a less restrictive option, including:
Continuance for Dismissal - The case is paused for up to 90 days and dismissed if the person complies with the plan.
Stayed Commitment Order - court issues a commitment, but delays enforcing it as long as the person follows specific conditions. A case manager monitors progress.
If the person doesn’t follow the plan, the court can revoke the stay after a hearing.
6. Community-Based Commitment - If the court finds that the treatment is available, affordable and effective, some people may be committed to community-based treatment rather than a hospital. This can include:
Living at home with outpatient service.
Staying in a group home or residential facility
Attending a day program
7. Continuing or Ending the Commitment
If the care team believes more time is needed after the initial six months, the court can extend the commitment for up to 12 more months.
They can also ask the court to end the commitment early if they believe they no longer need treatment or are no longer at risk.
The Patient’s Rights Under Civil Commitment in Minnesota
Even during involuntary hold, the patient has important rights in the hospital. These include:
The right to receive treatment in the least restrictive setting.
The right to refuse medication unless court-ordered.
The right to attend hearings and speak for themselves.
The right to have a lawyer and request a second opinion.
The right to appeal the court’s decision.
Guidance for Family and Friends
As the family or friends of the patient, you may have many questions. This section of the article will answer them.
Recognizing a Mental Health Crisis
The following are only some symptoms that can indicate a mental health crisis:
Inability to cope with daily tasks
Showering, brushing their teeth, etc.
Sleeping too much or too little.
Eating too much or too little.
Rapid mood swings
Displays of abusive behavior
Increased agitation
Psychosis
Isolation from friends, family, people at work or school
What You Can Do to Support Your Loved One
Learn the Process
Know your loved one’s rights
Be present
Communicate respectfully
Ask questions
Offer support after their release
Help them find resources to continue their care.
Help them stay connected to appointments and further care.
