Involuntary Holds in Nebraska: What You Need To Know
In Nebraska, involuntary holds for mental health crisis treatment are also known as emergency protective custody, or EPC. It allows the detainment and hospitalization of an individual who is in danger of harming themselves or others due to a psychological crisis. A person committed to a mental health facility involuntarily can only be hospitalized after legal proceedings with a Mental Health Board.
Types of Involuntary Holds in Nebraska
There are three different kinds of involuntary holds in Nebraska. Here is a list of the different types:
Emergency Protective Custody (EPC)
Emergency Mental Health Assessment
Mental Health Board Commitment
Process of Involuntary Holds in Nebraska
1. Emergency Protective Custody (EPC)
Initiated by the police or peace officer.
Its purpose is to ensure immediate assessment and safety.
It is a short term for an individual in a mental health crisis. However, it will lead to further evaluation.
2. Evaluation
Mental health professionals assess if further treatment is needed.
If so, a petition is filed for commitment.
3. Mental Health Board Commitment - Each of Nebraska’s 12 judicial districts has a Mental Health Commitment Board.
If the person still needs help after EPC, the county attorney can file a petition with the Mental Health Board.
The board decides whether the person should be placed into inpatient (hospital-based) or outpatient (community-based) treatment.
A formal hearing is held. The person can have a court-appointed attorney, bring evidence, and request their release.
What happens after Commitment in Nebraska?
The facility creates a treatment plan, which might include medication, therapy, and safety measures.
The person may be monitored by the court if under outpatient commitment.
Nebraska offers outpatient commitment
Discharge is possible when the person is no longer a danger and can care for themselves.
Additional Note: Once someone is involuntarily hospitalized in Nebraska, they lose the right to buy or own firearms. This is in order to protect themselves and others during recovery.
The Patient’s Rights
Remember, the individual being hospitalized has rights that are important to keep in mind.
Even under an involuntary hold, the patient has:
The right to be told why they are being held
The right to receive humane care
The right to have legal representation
The right to attend and participate in commitment hearings
The right to challenge the hold through an appeal
How to Support an Individual Going Through This Process
Involuntary hold can be difficult for both the person going through a mental health crisis and their loved ones. Some tips to support the patient include:
Stay in contact with the facility staff
Ask questions about treatment, visiting hours, and discharge plans
Show emotional support — even a letter or message can make a big difference
Track dates — including hearing dates, deadlines for appeals, and treatment reviews
Seek legal help if you’re unsure about what’s happening
