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Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health professionals who may then determine whether further civil commitment is ...
The Lanterman–Petris–Short (LPS) Act (Chapter 1667 of the 1967 California Statutes, codified as Cal. Welf & Inst. Code, sec. 5000 et seq.) regulates involuntary civil commitment to a mental health institution in the state of California. The act set the precedent for modern mental health commitment procedures in the United States.
The Baker Act, officially known as the Florida Mental Health Act of 1971, is a law in the U.S. state of Florida that allows certain professionals—such as doctors, mental health practitioners, judges, and law enforcement officers—to detain and involuntarily commit individuals to a mental health facility for up to 72 hours.
Specific jurisdictions' provisions for a temporary detention order for the purpose of mental-health evaluation and possible further voluntary or involuntary commitment: United States: California: 5150 (involuntary psychiatric hold) and Laura's Law (providing for court-ordered outpatient treatment)
The pre-1984 law did not have the same stringent 30- and 45-day time limits for examinations, but merely provided that "For the purpose of the examination the court may order the accused committed for such reasonable period as the court may determine to a suitable hospital or other facility to be designated by the court." The law provided that ...
However, this only can keep the patient involuntary admitted for up to seven days. For further commitment, the patient is evaluated by a mental health court, part of family court, for which the public defender assists the patient. This can result in the patient being held up to one year at which point the patient returns to mental health court.
Also, permitted the courts to defer judgment regarding a person's need for commitment, to the doctor(s) 14th 1979 Parham v. J.R. The Court ruled that minors may be civilly committed to mental health facilities without an adversary hearing; in essence, parents do have the right to commit their children. 14th 1982 Youngberg v. Romeo
Patients are evaluated as to whether they are a danger to themselves or others. Those meeting this criterion are admitted to a mental health facility to be further evaluated by a psychiatrist. Typically, mentally ill patients can be held for up to 72 hours, after which a court order is required.