Involuntary Holds in Missouri: What You Need To Know
An involuntary mental health hold occurs when a person is in a mental health crisis and at a risk of danger to themselves or others. In Missouri, involuntary holds are known as Civil Involuntary Detention, in which a person at risk is detained at a facility or hospital without their consent.
Criteria for Civil Involuntary Detention in Missouri
There are a few criteria for placing an individual in Civil Involuntary Detention:
If the person poses a danger to themselves.
If the person poses a danger to others.
If the person is unable to care for themselves.
In Missouri, a person does not need to have threatened violence or suicide to be placed on hold, because the legal standard is a "likelihood of serious harm", which can include:
Verbal threats
Putting others in fear
Not eating, taking medications, or staying in safe housing
Past behavior that led to harm
Types of Civil Involuntary Detentions in Missouri
There are three different types of involuntary holds in Missouri.
1. 96-Hour Hold
The most common type of hold.
A person can be held for up to 96 hours (excluding weekends and certain holidays).
This time is used for evaluation and stabilization.
After 96 hours, the facility either releases the person or asks the court for a longer commitment.
2. Extended Holds
If more treatment is needed after the 96-hour hold:
The facility may request a court hearing for a longer period of care.
Timeframes include:
21-day hold
90-day hold
1-year hold (in rare and severe cases)
These longer holds require a formal court process and legal representation for the person being held.
3. Substance Use Holds
Separate holds exist for alcohol or drug misuse.
Timeframes include 30-day or 90-day treatment periods.
These are also handled through the court system.
Initiating the Process of an Involuntary Hold in Missouri
The following categories of people can file a request to place someone under civil involuntary detention, initiating the involuntary hold process:
Any adult can file an application with the probate court if they believe someone is in danger.
Law enforcement officers can detain a person showing signs of danger and take them to a hospital.
Crisis intervention staff can assess the situation and recommend a hold.
Mental health professionals (like doctors, nurses, or social workers) at approved facilities can start the process if the person is already there.
Court Process and Outpatient Commitment
The court process begins if a longer hold is requested after the initial 96 hours. During this time:
A court hearing is scheduled.
The individual will be assigned a lawyer if they don’t already have one.
The person that filed the application may be asked to testify if you have information about the person’s recent behavior.
A judge will decide whether more treatment is needed and for how long.
Missouri also has outpatient commitment laws, allowing patients to receive care while living at home. If a person is released from a hospital under outpatient commitment:
They must follow certain treatment conditions, like taking medication or going to therapy.
If they don’t follow the plan, they may be taken back to the facility where they were detained.
Rights of Individuals under Involuntary Hold
While an involuntary hold may be without consent, patients still have important rights that can help them receive the best care possible. These include the:
Right to legal representation.
Right to a court hearing.
Right to be informed.
Right to humane treatment.
Right to refuse medication or treatment.
Right to confidentiality.
Tips for Family and Friends
As the family and friends of the detained individual, you can support them in various ways.
Be present - keep track of their appointments and medication (if there is any) after the initial hold.
Be observant - observe their behavior to keep track of their mental state and wellbeing.
Communicate with professionals.
Know their rights as well as yours.
Conclusion
An Involuntary Hold process can be difficult to navigate, but with the right guidance, it can become a lot simpler. Remember to speak with professionals before making a decision and keep in mind the tips to help support individuals placed under an involuntary hold.
