How long can someone be institutionalized




















If your loved one is experiencing symptoms such as severe depression , suicidal urges , mania , or psychosis , it can have a devastating impact on them and the people around them. Possible consequences can include:. If you believe that your loved one is having suicidal thoughts, contact the National Suicide Prevention Lifeline at for support and assistance from a trained counselor.

If you or a loved one are in immediate danger, call For more mental health resources, see our National Helpline Database. Unfortunately, mental illness often makes a person unable to think clearly about their situation. It may be up to the people around them—such as family members, police, emergency responders, or mental health providers—to take the initiative to get help in order to prevent a tragic outcome. The laws vary widely from state to state, but a person must be living with a mental illness in order to be involuntarily committed.

Mental Illness Policy Org. Criteria that states may consider include:. Less common criteria used by some states include:. While most states require that the person presents a clear and present danger to themselves or others in order to be committed, this is not true for all states. In some, involuntary hospitalization may occur if a person is refusing needed treatment whether or not they are considered to be dangerous.

There are three types of involuntary treatment, including emergency detentions, observational institutionalization, and extended commitment. Emergency detentions, in which immediate psychiatric help is being sought, are usually initiated by family members or friends who have observed the person's behavior.

Sometimes it's initiated by the police, although any adult could request emergency detention. The exact procedures vary by state, with many states requiring judicial approval or evaluation by a doctor confirming that the person meets the state's criteria for hospitalization.

It can vary a bit by state, however, ranging from just 24 hours in a few states to up to 20 days in New Jersey. Patients may also be admitted for what is known as observational institutionalization, in which hospital staff may observe the person to determine a diagnosis and administer limited treatment.

Application for this type of hospitalization can usually be made by any adult who has a reason to do so, but some states require that the application is made by a doctor or hospital personnel. And most require that an observational institutionalization receives the approval of the courts.

Suggest that the person see their family doctor or make an appointment at a treatment centre. Ask about the referral process and eligibility criteria and about culture-specific or specialized services e.

It is helpful to get connected with family support. This could include attending an education session, meeting with a therapist or joining a support group. There are also peer family supports in the community. Supporting a family member with a mental illness or addiction can be overwhelming. It can be a challenge to balance your own needs with being there for them. Take time for yourself and ensure that your own needs are being met—you cannot support your family member effectively if you are not also taking care of yourself.

It is important that everyone receives the support they need. Give what support you can, without overwhelming yourself, and direct others to the resources listed at the end of this pamphlet. Children in particular may need help to understand what is happening. If you are concerned about how a child is coping, you could speak to their family doctor. Support may also be available from a school social worker or through a community organization.

Try to predict possible crises and plan what you would do. A crisis plan should include contact information for:. Everyone has the legally protected right to decide if they want treatment.

The court also orders case managers and mental health programs to provide the treatment that is ordered. There is renewed interest in AOT due to its efficacy, low cost, and success at reducing hospitalizations, incarcerations and violence. As a result of decisions like Rivers vs. Katz; Rogers vs. Okin; Rennie vs. Klien; In the Matter of Richard Roe, etc. These hearings often occur weeks apart resulting in the ludicrous, cruel, expensive, and dangerous proposition of having someone hospitalized but not allowed to be given treatment.

Hence, one can be acting dangerously, yet still retain capacity. In that case the individual would be committed but have a right to refuse treatment and a second court hearing would be needed on whether or not they retain capacity. If they have capacity, they cannot be treated over objection. Nor should they. It does not mandate that they give treatment. This fact is sometimes purposefully ignored. Anosognosia is a lack of awareness of illness.

The brain, the organ charged with helping them recognize they are ill, is the organ that is not functioning.

Get our free guide when you sign up for our newsletter. Involuntary hospitalization of primary care patients. June 27, Kluge EH. Incompetent patients, substitute decision making, and quality of life: some ethical considerations. Medscape J Med. Carroll H. Grading the States. Treatment Advocacy Center. Published September Association of cost sharing with mental health care use, involuntary commitment, and acute care.

JAMA Psychiatry. The utility of outpatient commitment: II. Mortality risk and protecting health, safety, and quality of life. Psychiatr Serv. Your Privacy Rights. To change or withdraw your consent choices for VerywellMind. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data.

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