TEMPORARY COMMITMENT
Initiated when a qualified medical professional, police officer, County or Commonwealth Attorney, spouse, relative, friend, guardian or other interested person files a petition for involuntary hospitalization of a mentally ill individual.
- An individual subject to temporary commitment is entitled to a hearing.
- The court will determine if probable cause exists to order involuntary hospitalization.
IMMEDIATE DETENTION
- Officer may immediately transport an individual believed to be mentally ill that presents a threat to self, family or others to a hospital or psychiatric facility.
- Individual must be evaluated within 18 hours of detention to determine whether involuntary hospitalization is necessary.
EMERGENCY ADMISSION
- Initiated by an authorized staff physician or health care provider.
- Involves admitting a mentally-ill individual, already present in a hospital, into a psychiatric care facility.
- The individual must not be held for longer than 72 hours.
STEPS OF THE INVOLUNTARY HOSPITALIZATION HEARING PROCESS
- A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.
- The District Court of the county must set a preliminary hearing date within six (6) days of holding or examination.
- Notice of the involuntary hospitalization hearing must be given to the mentally ill individual and, if applicable, to the individual’s guardian, spouse, parents, nearest relative or friend, if known.
- The District Court will examine the person filing the petition [“petitioner”] under oath about why he or she believe it is necessary to involuntarily hospitalize the mentally ill individual.
- If the Court find probable cause to involuntarily hospitalize the mentally ill individual, the court will order the person to a facility and set a final hearing within twenty-one (21) days from the examination in the county where the individual is hospitalized.
- After the final hearing, the court can involuntarily hospitalize the individual for a period of sixty (60) to three hundred sixty (360) consecutive days from date of the court order, depending on what was requested in the petition.
- If the court finds that no probable cause exists to involuntarily hospitalize, the proceedings must be dismissed and the individual will be released.