Involuntary Holds in Louisiana: What You Need To Know
What is an Involuntary Hold in Louisiana?
An involuntary hold in Louisiana is a legal process allowing individuals in mental health crisis to be taken into custody for evaluation and treatment, without their consent, when clear criteria are met.
What are the Types of Involuntary Hold in Louisiana?
Protective Custody (PEC): This hold is for those needing immediate care, and it lasts for up to 72 hours. For this hold, the person has a substance-related disorder, is an immediate danger to themselves or others, or is gravely disabled, and/or needs immediate treatment.
Initiation: Peace Officer, EMS, or a Court Coroner
Emergency Certificate: This type of hold’s criteria is similar to PC, but the duration is up to 15 days.
Initiation: Physician, psychologist, nurse, coroner
Coroners Emergency Certificate (CEC): This hold extends longer than 72 hours. Same type of hold as PEC, but this specific type of hold is used if continued involuntary treatment is necessary after the initial 72 hours.
Initiation: A coroner or deputy officer reviews the documents for CEC
Judicial Commitment: If the individual is mentally ill or abusing substances and they can’t make decisions for themselves, then this hold is initiated. The court decides how long the patient might have to be held for.
Initiation: A petition is filed by a loved one, and the court holds a hearing within the next 20 days.
Protective Custody: The person is brought to an emergency receiving facility for evaluation. PC is typically followed by a PEC if certain criteria is met. This kind of hold does not have a specific duration.
Initiation: Any concerned individual (family, police, etc.) can request the coroner to issue a PC.
What Typically Happens During a Hold?
Typically, these holds are initiated because the individual is struggling with substances and is not mentally stable enough to make certain decisions. Once at the facility, a qualified medical professional will assess the individual. If the individual meets the criteria for an involuntary hold, the provider may issue a Physician’s Emergency Certificate, allowing the individual to be held for up to 72 hours for observation, stabilization, and treatment. If continued care is necessary beyond that period, a Coroner’s Emergency Certificate may be issued to extend the hold for up to 15 additional days.
What Should Loved Ones Keep in Mind?
While there are many legal and medical details for families to consider during this process, it's equally important to recognize the emotional strain it can place on loved ones. With that in mind, here are a few key reminders to help navigate this challenging time:
Maintain Connection: Stay in touch with your loved one and reassure them that they are not alone.
Find Support: This process can be overwhelming, so it may be helpful for family members to seek therapy or join support groups.
Stay Informed: Be prepared with essential information about your loved one and take time to understand both your rights and theirs.
What are the Rights of a Patient?
Right to Due Process: The right to be notified of the reasons for their hold, a court hearing, and legal representation
Refuse Certain Treatments: The patient may refuse treatment unless the court overrules it.
Right to Information: They must be informed of their rights at the time of admission. They are also given the right to know information about their course of treatment
Right to Communicate and Visitors: They are allowed meetings and visitor times with loved ones, unless it is determined that these meetings would be harmful to the individual.
Right to be Released if Criteria is Not Met: Once the patient no longer fits the description for a hold, then they must be discharged promptly.
Right to Timely Evaluation and Review: After the PEC is issued, a CEC must follow promptly. Any judicial hearing must occur within the first 20 days of the PEC filing.
Right to Privacy and Dignity: The patient is to be treated like any other person. They must be given proper privacy, respect, and dignity.
Right to Participate in Treatment Planning: Whenever possible, patients should be included in the planning of their medical treatment.
Conclusion
Although this hold is crucial for those who are currently struggling with mental health issues, it is also a very scary and intimidating process. That being so, it is encouraged to conduct personal research based on your loved one's case, hire a lawyer to help you understand the legal front of their case, and lastly, find a support group or talk to a therapist; it is important to stay open-minded and talk through any issues with a support system.
