Navigating Involuntary Holds in Alaska: What You Need To Know
If you or someone you love is facing a mental health crisis, it can be overwhelming to navigate the legal and medical processes. One important aspect to understand is the concept of an involuntary psychiatric hold. This guide will walk you through what an involuntary hold is, when it’s necessary, the laws in Alaska, and how you can support someone going through this process.
What is an Involuntary Hold?
An involuntary psychiatric hold, also called a 72-hour hold in Alaska, is a legal process where a person is held in a medical facility against their will for psychiatric evaluation and treatment. This occurs when someone is believed to be a danger to themselves or others due to mental illness but is unwilling or unable to seek help voluntarily. It is a protective measure that ensures the person receives necessary care in a safe environment.
When is an Involuntary Hold Necessary?
An involuntary hold is typically necessary when:
Immediate danger: The person poses a significant risk of harm to themselves or others. This could include self-harm, suicidal thoughts, severe self-neglect, or violent behavior.
Severe mental illness: The person is experiencing a mental health crisis where they are unable to recognize their need for help or cooperate with treatment.
Lack of capacity: The person’s mental state impairs their ability to make sound decisions about their health and safety.
In Alaska, the hold is usually applied when a licensed mental health professional, such as a psychiatrist, assesses the situation and believes a person requires urgent psychiatric intervention.
Alaska-Specific Laws
In Alaska, involuntary holds are governed by Alaska Statutes 47.30.700 and other related laws. These laws focus on protecting the rights of individuals while ensuring they receive appropriate care in times of crisis. Key details include:
72-Hour Hold: Alaska law permits a 72-hour involuntary hold. This means that after being detained, a person can be kept in a hospital or facility for up to 72 hours for psychiatric evaluation.
Court Involvement: After the 72-hour hold, a judge must review the case to determine if further treatment is needed. If the person is to be kept longer, a formal court hearing will be scheduled to assess the situation.
Grave Disability Guidelines: Alaska Statutes mandate that gravely disabled individuals (those who are unable to provide for basic needs due to mental illness) can only be committed if they will improve with treatment. This prerequisite does not apply to those who are a danger to themselves or others.
How Are They Initiated in Alaska?
In Alaska, an involuntary hold is typically initiated by:
A Law Enforcement Officer: If police encounter a person who appears to meet the criteria for an involuntary hold, they can detain and transport them to a medical facility.
A Medical or Mental Health Professional: A doctor, therapist, or psychiatrist can request a 72-hour hold if they believe the person meets the necessary criteria.
A Family Member or Caregiver: In some cases, a family member can call for help if they believe their loved one is a danger to themselves or others. In these situations, law enforcement or mental health professionals can step in.
An Ex Parte Order: Sometimes, a family member or healthcare provider may go directly to court to request an ex parte order. An ex parte order is a legal order granted by a judge without the person in crisis being present. This allows for the immediate detention of the individual, even before a full evaluation, in the case of an urgent emergency.
Potential Patient Outcomes
Once a person is placed under an involuntary hold, several outcomes are possible:
Release: If, after 72 hours, the person is evaluated and determined to no longer pose a danger or require psychiatric treatment, they will be released.
Extended Treatment: If further care is necessary, a court may extend the hold for up to 30 days or more. This decision will be made based on the person’s mental health status and whether they need longer treatment to stabilize.
Voluntary Treatment: In some cases, a person who initially resisted treatment may agree to participate voluntarily once the immediate crisis is addressed.
It’s important to note that an involuntary hold is not a permanent solution. The goal is to stabilize the person and ensure they receive appropriate care.
Individual and Family Rights
While an involuntary hold can be distressing, both the individual and their family have rights during the process.
Patient Rights:
Right to be informed about their situation, the reason for the hold, and the process
Must be informed of their rights once detained
Right to legal representation and to challenge the hold in court
Family Rights:
Family members can be involved in the process, especially if advocating for the person’s treatment. However, they may not have full access to private patient information due to confidentiality laws.
In some cases, a family member can seek guidance from mental health professionals about the best course of action.
How You Can Help
If someone you love is placed under an involuntary psychiatric hold, it’s important to stay informed and engaged:
Understand the Process: Learn about the legal and medical aspects of the involuntary hold. This will help you better advocate for the person’s needs.
Support the Person: Be compassionate and patient. The individual may be confused, frightened, or angry, so providing emotional support can help them navigate the situation more easily.
Seek Legal Counsel: If needed, consult with an attorney to understand the legal implications and protect the person’s rights.
Advocate for Proper Care: Ensure that the person is receiving the appropriate treatment, which may include therapy, medications, and follow-up care.
Conclusion
Facing an involuntary psychiatric hold can be an emotionally charged and confusing experience for both the individual and their family. However, it’s important to remember that this process is designed to protect the person’s well-being and provide them with the care they need during a mental health crisis. Understanding the laws, knowing your rights, and supporting your loved one through this process can make a difficult situation a little easier to navigate. If you or someone you love needs help, don’t hesitate to reach out to mental health professionals or legal experts to guide you through the process.
