Civil Involuntary Detention
Law Enforcement Guide | Civil Involuntary Detention Guide: pdf or word
For some persons, mental illness leaves them unable to make decisions about caring for their basic human needs such as food, shelter, and medical care. A few people who are experiencing mental illnesses may be in danger of hurting themselves or others. This can be a very confusing and frightening experience for them as well as for their families and friends. With appropriate evaluation, treatment, and continued care, most people with mental illness can return to their normal lives.
Similarly, individuals who are abusing alcohol or drugs may be unable to make decisions about caring for their basic human needs such as food, shelter, and medical care. Alcohol or drug abuse may also place a person in danger of hurting themselves or others.
As with most types of medical evaluation and treatment, people may decide to participate voluntarily, may refuse to participate or may choose alternatives to the recommendations.
For some people, the symptoms of a mental illness or the effects of alcohol or drug abuse compromise their cognitive or reasoning ability, and they are left unable to understand sufficient information to make decisions about necessary and appropriate medical treatment.
Missouri state regulations, Chapter 632 RSMo., provide the statutory authority to require involuntary treatment under certain conditions with appropriate due process. This process is called Civil Involuntary Detention.
Who can initiate
a Civil Involuntary Detention?
If the situation is an emergency, what do I do?
If the situation is not an emergency, what do I do?
How long will a person be detained, evaluated and treated?
What happens in court?
Will I be asked to testify in court?
Does Missouri have an outpatient commitment law?
Do Missouri statutes include "gravely disabled" criteria?
Are there any other laws that can be used to help persons who
are incapacitated by mental illness?
Does a person have to be homicidal or suicidal before he
or she is able to be civilly detained?
Who can
initiate a Civil Involuntary Detention?
Any adult person may file an application for detention, evaluation, and treatment
with the probate division of the circuit court where the person may be found.
Law Enforcement personnel, under their police power authority, may detain a person believed to be imminently harmful due to a mental disorder or alcohol or drug abuse and transport the person to an appropriate facility for evaluation for admission.
Staff of the Access Crisis Intervention (ACI) system, the 24-hour crisis hotline, can also assist with the civil involuntary detention process. By calling the toll-free 24-hour ACI crisis number, the caller will be able to speak to a mental health worker who will evaluate the current situation and assist with the appropriate response.
Facilities that are recognized by the Department of Mental Health to provide civil involuntary detention services have mental health professionals who are designated and approved to initiate on-site civil involuntary detention for individuals in need of emergency evaluation and treatment. These professionals may be psychiatrists, licensed physicians, psychiatric residents, psychologists, nurses or social workers or a qualified substance abuse counselor.
If the situation is an emergency, what do I do?
- If possible and safe to do so, get the person to the emergency room of
a hospital that treats persons with mental illnesses.
- If the person is currently receiving mental health treatment, call the
person responsible for the treatment and that person should provide you
with an emergency plan. If so, follow the plan.
- Call the police or sheriff; tell them about the situation and explain why it is an emergency. Remember, law enforcement officers may have to observe the person's dangerous behavior before taking them into custody and transporting them to a mental health facility.
If the situation is not an immediate emergency, what do I do?
- If the person is currently receiving mental health treatment, call the
person responsible for the treatment. That person should assist you.
- If the person is known to the probate court due to other similar situations,
go to the court and ask to complete an application for detention, evaluation,
and treatment. The judge may informally consider your application or, if
more information is needed, you may be referred to the Access Crisis Intervention
(ACI) system for additional assistance.
- Call the toll-free 24-hour Access Crisis Intervention (ACI) 24-hour crisis hotline. You will be able to speak to a mental health worker who will evaluate the current situation and assist you with the appropriate response.
How long
will a person be detained, evaluated and treated?
The initial period is for up to 96 hours, excluding weekends and certain holidays.
After the initial period, the person's treating physician will decide if further
detention, evaluation, and treatment are needed. If so, the treating psychiatrist
may initiate a court hearing for the appropriate time frame, 21 days, 90 days,
or one year for mental health treatment and 30 or 90 days for alcohol or drug
treatment.
What
happens in court?
If an application for 96 hours is presented to the Probate Division of the
Circuit Court, the judge will decide whether to order the person detained,
evaluated, and treated in an appropriate facility for up to 96 hours.
If a petition is filed for commitment beyond the initial 96-hour period, a
formal hearing will be held in the court to hear facts supporting the petition.
During this hearing the person against whom the petition is filed will be
represented by an attorney; if the person cannot afford an attorney, the court
will appoint one. The judge will hear the evidence and make the final decision
as to whether the person will be committed for an additional period.
Will
I be asked to testify in court?
If you have observed recent behavior of a person that supports the allegation
in the petition, you will usually be asked to testify. Sometimes family members
or friends are the only persons who have witnessed harmful behavior.
Does
Missouri have an outpatient commitment law?
Missouri has provisions for conditionally releasing a person from a mental
health facility to outpatient treatment. These statutory provisions allow
for a mental health facility to set conditions for a person's release and
provides authority to return a person to a mental health facility if the conditions
are not met.
Do Missouri
statutes include "gravely disabled" criteria?
Yes. The criteria that a person must be mentally disordered and, as a result,
present harm to self or others includes a standard that a person may be harmful
if, as a result or an impairment, he or she is unable to make decisions regarding
hospitalization or treatment as evidenced by not providing for basic necessities
of food, clothing, shelter, safety, or medical care.
Are there
any other laws that can be used to help persons who are incapacitated by mental
illness?
Yes. If a person continues to be unable to make basic decisions because of
an impairment, guardianship should be considered. This legal process places
the personal decision making in the hands of another person who is legally
able to authorize needed services. This law has provisions for limited guardianship
that allows the guardian to only have decision-making powers under certain
conditions.
Does
a person have to be homicidal or suicidal before he or she is able to be civilly
detained?
No. Verbal threats to do harm are sufficient, or even placing a person in
fear of harm is sufficient. The standard is "a likelihood of serious physical
harm to self or others." Past patterns of behavior that have historically
have resulted in harm may also be considered.
