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by nohuck13 1736 days ago
Are there any states where people can be involuntarily committed indefinitely without judicial involvement?

[edit responding to your edit] you were responding to the tone of my original comment, which I softened while you were responding, so sorry for the original combativeness. For what it's worth, holy crap does what you described suck. i would have done exactly what you did. no amount of knowing that it's not "indefinite" would have made it any better. the circularity of being falsely accused of something, and then having your (justifiable) non-compliance used to justify threats of further force, is blood boilingly unfair. sorry my apology sounded insincere. i sincerely feel that your experience should not be minimized.

3 comments

Florida. I knew people in high school that were in there for weeks.

https://en.wikipedia.org/wiki/Baker_Act

"Examinations may last up to 72 hours after a person is deemed medically stable"

"There are many possible outcomes following examination of the patient. These include

(1) the release of the individual to the community (or other community placement),

(2) a petition for involuntary inpatient placement

...

(3) involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or

(4) voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment)."

[Numbers mine]

So assuming #2 and #3 are the "bad" outcomes: both seem to require a judge's order within 72 hours?

Unless the definition of "stable" has a wiggle room I am not appreciating? Or some other practical nuance?

Definitely can happen in Arkansas. BUT, it will not be indefinitely, it will be when the insurance money/mom and dad's bank account runs out.
Doesn't really seem like this is correct.

https://law.justia.com/codes/arkansas/2018/title-20/subtitle...

> (a) An individual with a behavioral health impairment who is admitted to a psychiatric emergency service under a crisis intervention protocol under this subchapter shall have a final disposition within a maximum of seventy-two (72) hours or be released from custody.

> (b) If the individual with a behavioral health impairment cannot be stabilized within seventy-two (72) hours of entering into a crisis intervention protocol, a participating partner may institute commitment proceedings as authorized under § 20-47-201 et seq.

> (c) An individual who has been released from custody and has chosen to stay at a crisis stabilization unit voluntarily under § 20-47-804(c) is not bound by the seventy-two-hour maximum time of detention under this section.

> (d) As part of the discharge process after the seventy-two-hour hold has expired and the individual is being released from custody, and subject to the consent of the individual no longer in custody, a crisis stabilization unit may provide the individual with a follow-up treatment plan and a request that the individual utilize the treatment plan, including subsequent appointments with a mental health professional.

Sounds like you're talking about (b), but I wouldn't really assume we're talking about children (as in America they don't really have rights).

Oh interesting, this must be new (2018?).

“Stabilized” indeed… (rolls eyes completely around head.)

California.