Everything You Need to Know About Involuntary Holds in Hawaii
What is an Involuntary Hold in Hawaii?
Hawaii's involuntary hold laws allow for the non-consensual admission of individuals for mental health or substance use evaluation when they are a danger to self or others. Strict criteria, including imminent risk and lack of less restrictive options, must be met. This article guides you through the process.
When is an Involuntary Hold Necessary?
For Hawaii, they state that there are certain mental and physical states a person needs to adopt before Involuntary Hold becomes absolutely necessary.
The individual is suffering from substance abuse or is mentally ill.
The individual is soon to be dangerous to themself and others around them.
The individual requires care or treatment, or both.
Types of Involuntary Hold?
Emergency examination and hospitalization
This court-ordered process provides temporary mental health evaluation and treatment at a psychiatric facility. Patients remain committed if necessary until they can consent to care.
Court-ordered involuntary hospitalization
If a court determines that a person is mentally ill and is suffering from substance abuse, they will be sent to the hospital or some other form of psychiatric facility.
Assisted community treatment (ACT):
The patient must have a severe mental illness or substance abuse problem, be unlikely to live safely in the community without supervision, and be unable to make informed treatment decisions.
How Might Involuntary Hold be Initiated?
Law Enforcement: Officers with reasonable suspicion of imminent danger due to mental illness or substance use can initiate a hold.
Court Order: A judge can issue an order based on an application from qualified professionals, directing transportation to a facility for examination and treatment.
Healthcare Provider: If the healthcare provider believes the patient is mentally ill or suffering from substance abuse and is imminently dangerous can direct transportation to a designated facility.
Navigating an Involuntary Hold: Specific to Hawaii
Tips and Guidance:
Seek help: Contact emergency services for mental health concerns.
Be specific: Provide clear, detailed information.
Know the law: Understand Hawaii's involuntary hold process and your rights.
Advocate: Champion the individual's rights.
Get legal counsel: Consult an attorney for support.
Patient Rights:
Upon admission, patients can immediately contact family, guardians, friends, or an attorney for private legal counsel. Facilities must inform involuntarily held individuals of their right to challenge admission and help them secure legal representation
There are 4 Potential Outcomes for Involuntary Hold in Hawaii:
Discharge: According to Hawaii.gov, if a qualified psychiatric examiner determines that the individual no longer meets the criteria for involuntary hospitalization, they must be promptly discharged. However, if the individual is facing criminal charges, they will be returned to law enforcement custody
Voluntary Hospitalization: If a patient believes that hospitalization is the best course of action, then they will accept it and join a treatment plan voluntarily.
Court-Ordered Evaluation or Hospitalization: If involuntary hospitalization criteria persist, a court-ordered evaluation or hospitalization proceeding may be initiated.
This could also lead to court-ordered treatment at a psychiatric facility, potentially involving Assisted Community Treatment (ACT) or other treatment options.
Return to Custody: Only in the case that the patient was previously held by law enforcement will they return to law enforcement after the Involuntary Hold period.
Conclusion:
Familiarity with the various types of involuntary holds, their specific criteria, and the legal procedures involved can empower individuals and families to better manage these difficult situations. By understanding their rights, consulting professionals, and advocating for proper care, individuals can help protect both their well-being and their dignity.
