Involuntary Mental Health Holds in Mississippi: A Guide for Families
When a loved one is in the middle of a mental health crisis, it can feel frightening and confusing. In Mississippi, you may hear about an “involuntary commitment” and wonder what that means.
An involuntary commitment is a legal process that allows a person to be placed in a psychiatric facility for evaluation and treatment, even if they do not agree, when there is a serious concern for their safety or the safety of others.
This guide explains how involuntary mental health holds work in Mississippi, what families can expect, and how you can support your loved one.
What Is an Involuntary Hold in Mississippi?
Under Mississippi Code Title 41, Chapter 21, a person may be committed for evaluation and treatment if they have a mental illness and:
Are a danger to themselves (for example, suicidal thoughts or attempts),
Are a danger to others (for example, violent threats or behavior), or
Are unable to provide for basic needs due to their illness.
The purpose is not punishment. The goal is safety and stabilization.
Step-by-Step: What Families Can Expect
Filing an Affidavit
The process always begins with an affidavit filed at the Chancery Clerk’s office in the county where the person lives.
A family member, doctor, or another concerned person must provide sworn information about why the person may need involuntary treatment.
Initial Court Order and Pick-Up
After reviewing the affidavit, a Chancery Judge decides whether to issue an order for the person to be taken into custody.
Law enforcement carries out the order and transports the person to a designated evaluation facility.
Pre-Evaluation Hold (Up to 72 Hours)
Once the judge’s order is issued, the person may be held for up to 72 hours (not including weekends or holidays) while awaiting psychiatric evaluation.
Emergency treatment may be provided during this time if needed.
Examination by Two Professionals
State law requires that the person be examined by two mental health professionals (two doctors, or one doctor plus a psychologist/qualified mental health professional).
Their written certificates are submitted to the court.
Commitment Hearing
A hearing must be held promptly — usually within a few days.
The person has the right to a lawyer (appointed if they cannot afford one), to be present, and to present evidence or witnesses.
Possible Outcomes
Release: If the court finds the person does not meet criteria.
Voluntary treatment: If the person agrees to sign in for care.
Involuntary inpatient commitment: Court orders hospitalization.
Involuntary outpatient treatment: Less common, but possible.
Types of Involuntary Holds in Mississippi
Pre-Evaluation Hold (Court-Ordered, Up to 72 Hours)
Purpose: Temporary detention while awaiting psychiatric evaluation.
How It Starts: Only through a chancery court order after an affidavit is filed.
Duration: Up to 72 hours, excluding weekends and holidays.
Involuntary Commitment (Inpatient)
Purpose: Court-ordered treatment in a hospital if the person meets criteria.
Process: Requires two professional certificates + a court hearing.
Duration: Typically up to 90 days, with the possibility of extension.
Involuntary Outpatient Commitment
Purpose: Court-ordered treatment in the community.
Process: Ordered by the chancery court following professional evaluations.
Duration: Often set for 90 days, renewable.
Note: Outpatient orders are legally available but used far less often than inpatient commitments.
Patient Rights in Mississippi
Even under an involuntary hold, patients retain rights:
To be told why they are being held
To an attorney (appointed if they cannot afford one)
To attend and participate in the court hearing
To present witnesses and evidence
To humane care and the least restrictive treatment setting
To appeal the court’s decision
How Families Can Support a Loved One
Offer Reassurance
Remind your loved one that this process is about safety, not punishment.
Stay Involved
Keep track of court dates and hospital contacts.
Ask questions about treatment and timelines.
Provide Information
Share your loved one’s history, medications, or recent behaviors with staff.
Ask About Visits
Facilities may allow visits or phone calls; rules vary.
Plan for Aftercare
Ask about outpatient care, medication follow-up, and community resources.
Take Care of Yourself
Supporting someone in crisis is hard. Reach out for your own support.
Common Questions Families Ask
How does an involuntary hold begin in Mississippi?
Always with an affidavit filed at the Chancery Clerk’s office and a judge’s order.
How long can someone be held before a hearing?
Up to 72 hours (not including weekends/holidays) while awaiting psychiatric evaluation.
Who decides if someone is committed?
A chancery court judge, after reviewing evaluations and hearing testimony.
How long can a commitment last?
Typically up to 90 days at first, with possible renewals.
Does an involuntary commitment go on a criminal record?
No. It is a civil medical process, not a criminal charge.
Final Thoughts
Having a loved one placed under involuntary commitment in Mississippi can be stressful and confusing. You may feel powerless or unsure about what comes next.
Remember:
The process is designed for safety and stabilization.
It always begins with a court order after an affidavit is filed.
Your loved one still has important rights.
You can play a critical role by staying calm, informed, and supportive.
With knowledge and resources, you can help your loved one move from crisis toward recovery.
