Q: Am I legally bound to go to psychatric hospital if family member calls the cops?
My overbearing parents are determined to have me medicated for depression even though I refuse treatment. 7 months ago they called the cops and had me taken in to the hospital for a mental evaluation. I was released within an hour because I was not suicidal and did not have intentions of harming myself or others. 7 months have passed by and my mother is threatening to call the cops on me again. What are my legal rights to avoid another mental evaluation?
A:
From the US Constitution, an individual has a right to a judicial hearing before being involuntarily committed on an permanent basis. There is an exception that allows the state (i.e. police or social workers) to place a temporary hold (without a hearing) if there is a reasonable belief the individual is a risk to themselves or others.
Turning to your situation. Your parents can call the police and the police may hold you for a psychological evaluation (if they reasonably believe you are a risk...). However, a consistent pattern abuse of this process by your parents is a violation of Colorado law. The exact point where a "concerned parent" becomes a "abuser of process" is a facts and circumstances test (varies by situation), so there is no easy answer. If you are an un-emancipated minor (under 18) your options are somewhat limited, but if you are an adult you have significantly more defenses. If the problems persist with your parents, you may want to consult with a lawyer.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
