Q: Can a consumer who is voluntarily seeking treatment and has a safety plan be placed in emergency detention?
My wife went to a police department in the town we live in & had an assessment done. After returning the officer told me she didn't meet e d criteria but there was something there. The following day she again went in for an assessment voluntarily. That's when a e d was placed. Despite me telling the hospital if she was to leave the facility to contact me. That she gets confused sometimes and I didn't want her leaving with a stranger. She was taken out of our county of residence into another county. My wife called and said they were getting her discharge papers ready & asked for me to pick her up. She called back a few hours later and said they wasn't releasing her. She was moved into another county and is being held against her will. I later went to take her glasses to her because she cannot see without them. I was then told by the director that absolutely no personal property was allowed. He said they have glasses all they gave to do is ask.
A: If the person meets criteria for emergency detainment for mental/consumer related things, then yes the person can be taken into custody. This is custody of the state mental health system, and not specifically county, therefore they transfer frequently to other care facilities in order to provide the best care to the person while maximizing resource efficiency. If you truly feel she is 'held against her will' then you need to contact an attorney in your area to assist you.
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.
