Can a Family Member Discharge Someone from Involuntary Commitment?

Question from Ray, Can a Family Member Discharge Someone from Involuntary Commitment?

Answer from AI:

When an individual is placed in a psychiatric ward against their will, this is typically referred to as involuntary commitment or civil commitment. In the United States, the laws governing involuntary commitment vary by state, but there are general principles and procedures that are commonly followed.

Involuntary Commitment Basics

Involuntary commitment is a legal process through which an individual with severe mental illness can be ordered by a court to receive treatment in a psychiatric hospital. This process is typically initiated when a person is deemed to be a danger to themselves or others, or is unable to care for themselves due to mental illness.

Understanding Court-Ordered Treatment

If an individual is under a court-ordered outpatient-inpatient program, it means that a judge has determined that they require a structured treatment program that may include both inpatient and outpatient care. The terms of the court order will dictate the length of stay and the conditions under which the individual may be released.

Discharge from Involuntary Commitment

Self-Discharge: Generally, an individual cannot simply sign themselves out of a psychiatric ward if they are there under a court order. The order represents a legal obligation to remain in treatment for the duration specified by the court.

Family Member Discharge: Similarly, family members typically do not have the authority to sign out a relative who is under involuntary commitment. The discharge process is governed by the treatment facility’s policies in conjunction with the court order.

Steps to Take for Possible Discharge

1. Review the Court Order: Understand the specific terms of the court order, including the criteria for release and the length of the commitment.
2. Consult with the Treatment Team: Speak with the doctors and mental health professionals overseeing the individual’s care to discuss their progress and any concerns about their treatment.
3. Legal Representation: Consider hiring an attorney who specializes in mental health law to review the case and provide guidance on the legal options available.
4. Request a Review Hearing: If you believe that the individual no longer meets the criteria for involuntary commitment, you can request a review hearing to reassess their condition and need for continued hospitalization.
5. Prepare Documentation: Gather any relevant medical records, treatment notes, and other evidence that supports the individual’s readiness for discharge.
6. Attend the Hearing: Participate in the court hearing and present the case for discharge, including testimony from mental health professionals if possible.

Legal Advice and Resources

It is important to note that the process of discharging someone from involuntary commitment can be complex and may require legal advice. If you are considering taking steps to have a family member discharged, it is recommended that you consult with a legal professional who is knowledgeable about mental health law in your state.

Additionally, you may find it helpful to contact local advocacy groups or organizations that provide support and resources for individuals with mental illness and their families.

Conclusion

While family members generally cannot sign out an individual who is under involuntary commitment, there are legal steps that can be taken to seek their release. These steps involve understanding the court order, working with the treatment team, and potentially engaging in a legal process to reassess the need for continued hospitalization. Due to the complexity of mental health laws, seeking the advice of a legal professional is often necessary.