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RobertJDFL
RobertJDFL, Lawyer
Category: Consumer Protection Law
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The er in penn and they want to comit e to a psyc hospital

Customer Question

I am In the er in penn and they want to comit e to a psyc hospital what are my right
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Thank you for your patience.

They can make an involuntary commitment by filing what is called a "302" petition if there are proper circumstances to do so.

An involuntary commitment is an application for emergency evaluation and treatment for persons who are a danger to themselves or others due to a mental illness. A person applying for the 302 (such as a doctor) because they are concerned about another is referred to as a petitioner. The following criteria is considered when making a decision to approve a 302:

  • Danger to self shall be shown by establishing that within the previous 30 days:
    • the person would be unable without the care, supervision and assistance of others to satisfy his/her need for nourishment, personal or medical care, shelter or self- protection or safety and that death or serious physical debilitation would occur within 30 days unless treatment was provided;
    • the person has attempted suicide or the person has made threats to commit suicide and committed acts in furtherance of the threats; or
    • the person has mutilated himself/herself or the person has made threats to mutilate and committed acts in furtherance of the threats.
  • Danger to others shall be shown by establishing that within the previous 30 days the person has inflicted or attempted to inflict serious bodily harm on another or has threatened serious bodily harm and has committed acts in furtherance of the threat to commit harm to another.

Once a 302 is authorized, the individual will be taken to an emergency room by the police or ambulance for an evaluation by a physician to determine if they need to be admitted for involuntary psychiatric inpatient treatment. If the individual is admitted they may be kept no longer than 120 hours unless a petition for a 303, Extended Emergency Involuntary Treatment, is filed by the hospital.

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Expert:  RobertJDFL replied 1 month ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page.

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