Involuntary Hold in Nevada: Steps to Take for an Emergency Mental Health Hold

In Nevada, involuntary hold, also known as an emergency mental health hold, allows for temporary detainment for those posing a danger to themselves or others due to a psychiatric or psychological issue. It is a court-ordered admission to a hospital of someone experiencing a mental health crisis.

Emergency Admission Criteria

One important difference to consider is that a mental health crisis can be brief but urgent. It does not necessarily have to be the same as a mental illness, which requires ongoing treatment.

• Patients with mental illness can have persistent symptoms, but not be in crisis.

• Mental health crises are sudden and unpredictable, and it is possible that the individual facing the crisis has not been diagnosed with a mental illness.

• It is a sudden onset of distress requiring immediate intervention.

• Examples include suicidal or homicidal thoughts and psychosis.

If a person presents a “substantial likelihood of serious harm” the themselves or others, and if without care of treatment the person is at risk of 

• Suicide.

• Homicide.

• Causing bodily injury to themselves or others.

• Sustaining a serious injury, illness or death resulting from neglect of basic needs such as food, clothing, shelter, or personal safety.

The following are NOT considered mental health crises alone (if they are accompanied by mental illness affecting their behavior, then a hold can still be placed):

• Epilepsy

• Intellectual disability

• Dementia

• Delirium

• Alcohol

• Drugs

Steps in Emergency Admission

Step 1: An involuntary hold can be placed by a professional or someone with a direct relationship to the individual in crisis.

The following professionals can place an involuntary hold:

• Law enforcement, physician/physician’s assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker, or registered nurse.

  The following can file a petition with the Court to request an order to place someone in involuntary hold:

• Spouse, parent, legal guardian, adult child

• Physician, registered nurse, social worker, psychologist, marriage and family therapist

If the patient is a minor (under the age of 18), there are some additional considerations to be taken into account by the facility they are admitted to:

• An involuntary hold can be placed on a minor without parental consent. However, the hospital must attempt to obtain consent prior to placing the hold.

• The hospital must attempt to notify the parent or legal guardian within 8 hours of the involuntary placement.

• If the parent is consenting to treatment, the hospital should not file a petition for involuntary court-ordered admission.

• If the hospital does file this petition, it should be dismissed if it does not include a signed statement from the parent,  not objecting to the filing of the petition.

Step 2: Once the individual facing a crisis is detained, the 72-hour hold begins. 

Petition and Court-Ordered Detention

The petition must include the following:

• Medical clearance

• Copy of the hold form

• Certificate

Once the Court receives the petition, it

• Appoints counsel.

• 2 or more authorized medical professionals evaluate the individual to see if they qualify for an involuntary hold.

• Set a hearing within 6 judicial days of filing the petition

• Hearing may be continued upon request.

Other Considerations

Ensure that there are no less restrictive options available for the individual.