Involuntary Admissions 5/23/2010
What is Involuntary Admission?
Involuntary Admission is the practice of using legal means or forms as part of a mental health law to commit a person to a mental hospital, insane asylum or psychiatric ward against their will or over their protests.
Emergency Commitment
In emergency situations, the procedures set forth in Idaho Code § 66-326 may be used. Those procedures allow for a person to be detained without a preliminary court hearing. In Idaho, only a peace officer may take an individual into emergency detention without a prior court order. “...a person may be taken into custody by a peace officer and placed in a facility, if the peace officer has reason to believe that the person is gravely disabled due to mental illness or the person's continued liberty poses an imminent danger to that person or others, as evidenced by a threat of substantial physical harm;” This is a higher level of dangerousness than that required for civil commitment. There is no requirement that the initial detention be in a mental health facility, however, “...under no circumstances shall the proposed patient be detained in a non-medical unit used for the detention of individuals charged with or convicted of penal offenses.” [Idaho Code 66-326(a)]
Within 24 hours after the individual is taken into custody, the evidence of dangerousness must be presented to a court. If the court concurs with the officer's determination, it may authorize continued detention in a facility. This is one circumstance when a petition may be filed not accompanied by the certificate of a designated examiner. [See Idaho Code 66-326(a)] 10
Within a second 24-hour period, of the court’s findings that the individual is gravely disabled due to mental illness or imminently dangerous, “the court shall issue a temporary custody order requiring the person to be held in a facility, and requiring an examination of the person by a designated examiner”. Under no circumstances shall the proposed patient be detained in a non-medical unit used for the detention of individuals charged with or convicted of penal offenses. [Idaho Code 66-326(b)
Civil Commitment
The following procedures apply to non-emergency situations. A non-emergency situation would be when an individual is not threatening immediate harm to themselves or others.
Civil commitment allows for the involuntary care and treatment of persons with mental illness. The process of instituting a civil commitment is begun by filing an application with the court. The filing of the application can be done by a friend, relative, spouse or guardian, licensed physician, prosecuting attorney, other public official of a municipality, county or of the state of Idaho, or the director of any facility in which such patient may be. Idaho Code § 66-329(a).
The application must be accompanied by a certificate of a Designated Examiner (D.E.) stating that he/she has personally examined the proposed patient within the last 14 days and is of the opinion that the proposed patient is mentally ill.
What is a Designated Examiner?
"Designated Examiner" means a psychiatrist, psychologist, psychiatric nurse, or social worker and such other mental health professionals as may be designated in accordance with rules promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code, by the Idaho Department of Health and Welfare. Any person designated by the department director will be specially qualified by training and experience in the diagnosis and treatment of mental or mentally related illnesses or conditions.
How can I learn more about Involuntary Admissions?
To find out more information about involuntary admissions, contact your attorney or your local police department. By phone, you can call the 2-1-1 Idaho CareLine by dialing 2-1-1 or 1-800-926-2588 to get the contact information of your local police department.
How can I learn more about Designated Examiners?
To find out more information about designated examiners, contact your local Idaho Department of Health and Welfare’s Mental Health Services office. By phone, you can call the 2-1-1 Idaho CareLine by dialing 2-1-1 or 1-800-926-2588 to get the contact information of your local Idaho Department of Health and Welfare’s Mental Health Services office. You can search for your local office contact information in the 2-1-1 Idaho CareLine online database.