Navigating Involuntary Hold in Maine: What You Need To Know
Involuntary Hold is a process that encourages those who are currently struggling with mental health issues or drug/substance-related issues. An Involuntary Hold is put in place when an individual cannot make sound or healthy decisions for themselves because they are not in the right frame of mind.
Types of Involuntary Hold in Maine
Emergency Involuntary Hold (Protective Custody / Blue‑Paper Process)
There's probable cause that an individual may be mentally ill and poses a serious, imminent risk of harm to themselves or others. This is a 24hour hold
Initiation: A licensed medical professional or law enforcement officer completes a “blue paper” to authorize the hold.
Court-Ordered Involutnary Commitment
After an emergency hold, if ongoing inpatient care is needed for safety and treatment. Initial hold can stay for up to 4 months, then it can be extended to 1 year.
Initiation: The hospital files a petition with the District Court within 3 business days of admission
Progressive Treatment Program
For individuals with severe, ongoing mental illness who frequently relapse or refuse care, but who don't need hospitalization. This hold lasts can last from 6 months to 1 year.
Initiation: A mental health agency or provider petitions the court to approve a treatment plan
Involuntary Medication
When a person in a facility (like a hospital or jail) refuses medication but is mentally ill and at risk. This hold can last for up to 120 days
Initiation: Facility petitions the court for permission to administer treatment
What to Keep in Mind as a Family Member
Know your information: During this process, it is crucial that all loved ones are aware of their rights, information, and other necessary pieces of knowledge that are important for the hold.
Maintain a healthy relationship: Due to how complex and tiring this process can be for both sides of the hold, it is vital that all family members are trying to maintain a communicative relationship with the patient.
Find someone to talk to: Once again, because of how exhausting and stressful this process tends to be, it has been said that finding help either in group therapy or private therapy sessions can help make the process a bit easier to maintain.
What are Patient Rights: Involuntary Hold
Right to Legal Representation: Anyone going for a hearing in court is allowed to have a court-appointed lawyer. This lawyer can be free of charge if the patient cannot afford one.
Right to Timely Court Hearing: A patient has a right to a hearing by a judge. If the patient is to be held longer than the emergency hold period, then the hospital must set a court hearing date.
Right to be Informed: The patient has the right to be aware of their medical treatment and to be aware of their rights.
Right to Humane, Less Restrictive Care: Maine law states that the individual must receive the least restrictive care possible.
Right to Privacy and Confidentiality: Medical information is always kept confidential between the doctor and patient.
Right to Contact Family: The patient has the right to notify family/loved ones of their admission status. They also have the right to any form of communication, as long as it is not deemed a problem by the court.
Right to File Grievance: If the patient believes they are being held without reason, or being treated unfairly, then they can contest the doctor.
Notes Specific to Maine
Blue Paper Process: The person must be evaluated by a medical professional and can only be held temporarily unless a court hearing is held.
Family may not always be immediately notified, but you can ask the facility to keep you informed and involved (with the patient’s permission, if they are able to consent).
Progressive Treatment Programs (PTP): include outpatient court orders but also protect rights to appeal and review.
Hospitals in Maine are required to post and provide a written copy of patient rights under Title 34-B, Section 3805 of Maine law.
There are often limited emergency hold beds in Maine, so make sure that all loved ones and family members are advocating for safe conditions for the patient.
Conclusion:
Although this process can be tiring, it is extremely important that you, as a loved one, stay in the know about the patient and their treatment. Seeking support outside of talking to other family members can be very helpful during this process. It’s a good idea to learn more about your loved one’s specific situation and consider hiring a lawyer to help you understand the legal aspects of their case.
