Involuntary admission to mental ward

[snowynight]

Hi! Thanks for your help the last time and I have a question.

Time and place: New York, current time.

Background: A single mother lives alone with her son. One day she reports that the child's missing. A detective find her child as described. But the mother doesn't acknowledge him, saying that he's a fake despite compelling evidence, and behaves very agitated.

Question: In what situation will the woman be involuntarily admitted to the mental ward? I google this string of words but I only find that a legal guardian or a psychiatrist (she's not seeing one) can do that . So in the above case how can it be possible?

I'll be grateful for any pointer.

Comments

[askye]

I found this information about Kendra's Law, which is a mental health involuntary outpatient commitment law http://en.wikipedia.org/wiki/Kendra's_Law it looks like it's currently law in New York state but set to sunset (end) in 2015.

Also there is information in the Rights of Inpatients in New York http://omh.ny.gov/omhweb/patientrights/inpatient_rts.htm

I haven't lived in NY but I have in Florida and I know to be involuntary committed (aka Baker Acted -it's named after the man who created the law) a person has to be considered a danger to themselves or others or self neglectful and can only be held for 72 hours. After that they have to 1) be released 2) a petition for involuntary inpatient or outpatient commitment has to be filed (I'm not sure on what that entails) or 3) a person voluntary commits themselves.

[snowynight]

Thank you!

[melannen]

I know that there was a case where something like this actually happened (with Christine and Walter Collins - the kid was an imposter, the woman was involuntarily committed, the real Walter was never found) but that was in 1928 in California, so it is probably not all that relevant to you. (It's fascinating true crime reading, though.)

[snowynight]

Thank you!

[kate_nepveu]

Oh wow, one I can very definitively answer!

I am a lawyer in NY and had a case in NY's highest court involving involuntary commitments under the Mental Hygiene Law. And the decision in that case summarizes the two basic paths: http://www.nycourts.gov/ctapps/Decisions/2011/Oct11/154opn11.pdf

There is also a handy chart here (which includes some of the less-common methods, but may be easier to start with): http://www.omh.ny.gov/omhweb/forensic/manual/html/mhl_admissions.htm

Basically it depends on how much of a danger she appears to be to herself or others. But no, legal guardian or psychiatrist is not the only way by far.

[snowynight]

Thank you!

[kate]

I worked in an emergency room when I lived in Wisconsin, and I saw many people committed involuntarily. These holds (where someone is brought to an emergency room by their loved ones or, more often, the police) are only 72 hours - and here is a state by state list of the laws that allow a 72 hour involuntary hold (based on the idea that the patient might harm hirself or others).

After that, commitment for longer periods is much more individual by state - but the site I poked around seemed to have some good information - treatment advocacy center.

Also, found by a friend of mine, NY State Patient Rights.

Hopefully some of that is helpful!

[snowynight]

Thank you!

[flyingthesky]

This is not about New York specifically, but the page on involuntary treatment might give you a better idea of what involuntary treatment in the US and the circumstances leading to it might entail.

[snowynight]

Thank you!

[devilc]

Speaking for Nevada law, you have to be judged a danger to self/others, and you are committed for 72 hours. Beyond the initial 72 hours, you must be evaluated every 24 hour hours and judged still a danger to self/others to be kept.

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(A family member of mine was kept for 96 total hours. 72 plus an extra 24 before he was judged stable enough for release.)

[snowynight]

Thank you!