Involuntary Holds in Alabama: What You Need To Know
What is Involuntary Hold?
Involuntary holds, also known as involuntary commitments, are when an individual diagnosed with mental illness is detained and placed under psychiatric care. While it is without their consent, it is done to ensure the safety of those around them. The hold is temporary—an immediate emergency detention in Alabama can last up to 72 hours (excluding weekends and legal holidays) for evaluation and stabilization.
Types of Involuntary Hold in Alabama
In order to be placed in an involuntary hold, there must be certain criteria met specific to the state of Alabama. There are two main types in Alabama: inpatient and outpatient. The law requires that the least restrictive option be used.
Inpatient involuntary hold refers to receiving mental health treatment at a facility. The patient remains at the facility for the entire duration. This could be a state facility or a designated facility.
Inpatient:
When a person has a mental illness (or a mental illness with a co-occurring substance use disorder)
A person poses a real and present threat of substantial harm to themselves or others
The person’s condition will deteriorate if nothing is done
The person is unable to make a rational decision about treatment
Treatment is available for a person’s mental illness
This is determined to be the least restrictive option
Outpatient involuntary hold is less restrictive and means the individual is legally required to receive treatment within the community, such as a clinic, and does not have to live there.
Outpatient:
When a person has a mental illness (or with a co-occurring substance use disorder)
The person’s condition will deteriorate if nothing is done
A person will not voluntarily go to outpatient treatment on a regular basis
This is determined to be the least restrictive option
How might Involuntary Hold Be Initiated
A petition is filed in the Probate Court of the person’s county. Any person (including a mental health professional, family member, or other concerned individual) may file it. The court has to accept the petition and holds a hearing with expert testimony from the petitioner. If needed, the court can order a mental health professional assessment.
What Happens During an Involuntary Hold?
An individual can be placed under an emergency detention for up to 72 hours (excluding weekends and holidays) if they are believed to be an immediate danger to themselves or others. While some components are similar to an involuntary hold, this stage does not automatically include involuntary treatment. It allows time for the government to process the petition and hold a formal hearing. If an involuntary hold is determined to be necessary, the patient is treated in a psychiatric hospital or other appropriate facility.
Rights of Individuals
During and outside the hearing, individuals are protected by rights.
In the hearing they must have an attorney or be assigned one if not able to get one themselves (mental ability or financial). The court also appoints a guardian ad litem to protect their interests.
The defendant can be present during hearing unless waived on paper or it is determined that their presence would disrupt proceedings.
Hearings are generally public unless the court orders otherwise.
Substance and alcohol abuse does not count on its own; there needs to be a diagnosis of another mental illness alongside it.
Potential Outcomes
Release After Emergency Detention: If criteria are not met, the individual must be released after the 72-hour detention period.
Initial Order: The initial order for an outpatient or inpatient involuntary hold is for up to 150 days.
Renewal: If a renewal is filed by the state, outpatient orders may be extended for up to one year with court approval. If the renewal is denied or not filed properly, the individual is no longer under involuntary hold.
Discharge with Support: After release from involuntary commitment, the Alabama Department of Mental Health must offer transitional care such as psychiatric day programs, home therapy visits, outpatient services, or nursing home care.
What Should Families and Caregivers Know?
Families and caregivers should know that they have the ability to petition for an involuntary hold, not just mental health professionals or law enforcement. The type of involuntary hold assigned is always the least restrictive option. It is also important to keep in mind the rights of the individual and advocate strongly for them.
Conclusion
Understanding involuntary holds in Alabama is essential for families, caregivers, and anyone involved in supporting a loved one with mental illness. While the process may seem overwhelming, it is designed with legal safeguards to protect both the individual and the community. Families play a vital role not only in initiating the process, but also in advocating for compassionate, ethical treatment throughout. By being informed about the legal criteria, rights involved, and post-treatment support available, families and caregivers can better navigate this challenging experience with empathy, clarity, and a strong sense of purpose.
