Health & Benefits

Someone must file a petition with the director of a mental health facility in your county.

A person age 18 or over must sign and swear to the petition. The petition must explain why you need to be admitted. It should include the time and place of any threats or dangerous actions.

The filer must state if they have any legal or financial involvement with you.

Certificate

The person filing the petition should attach a written statement. This "certificate," must be from a doctor or other highly trained mental health professional. The doctor must have personally examined you within the past 72 hours.

The certificate must state why you need immediate hospitalization.

Suppose it is impossible to get a certificate because no doctor will examine you. In that case, you can still be involuntarily admitted without one. After reading the petition, a judge can order you to be examined. The facility must release you after 24 hours of your admission, unless a certificate has been filed. It is common to admit patients without first obtaining a certificate involuntarily.

State-run facilities

You may be admitted only if the staff has personally examined you within three days before your admission. They must certify that you need inpatient mental health treatment.

If you need immediate admission, but the mental health center has not yet had the opportunity to examine you. Then you can be admitted at once. Staff from the mental health center must come to examine you within 24 hours of your admission.

After the petition is filed, the sheriff or police will take you into custody. They will arrange to have you transported to the mental health facility. 

You will be responsible for the costs of this transportation. If you have insurance, check your policy's coverage. Your insurance company may be responsible for payment.

Within one business day of your admission, the facility must have you examined by a mental health professional. This is to decide whether you need to be involuntarily admitted.

If there was no certificate on the petition, then you must be evaluated by two examiners. The examiners cannot be the same people who signed the certificate for your admission.

The examiner must clearly explain to you the purpose of the exam. The purpose is to decide whether you need immediate admission to protect yourself or others from harm. They also must inform you that you do not have to say anything at the exam. Also, anything that you do say may be disclosed at a court hearing.

The facility must release you if two certificates are not issued within 24 hours after admission.

The facility may begin treatment procedures upon your admission. Suppose you were admitted without a certificate. Then the facility can’t begin treatment until they receive the certificate.

They must inform you of your right to refuse to take medications. Suppose you refuse medications. In that case, the facility can administer them only if this is necessary to prevent serious harm.

Within one day of your admission, the facility director must file the petition and certificate. It must be filed with the court in the county where the facility is located.

There should be a court hearing within five days of the filing. Notice of the time and place of the hearing must be sent to:

• You,
• Your spouse,
• Your parents (if you are under 18), and
• To the other people you told the facility to notify upon your admission.

Learn more about the court process.