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PlotinusLaw
PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 732
Experience:  14 years of practice in all aspects of family law.
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If a person is put on a 72 hour legal hold for suicide watch

Customer Question

If a person is put on a 72 hour legal hold for suicide watch can that person be kept against their will after the 72 hours has expired. This is in the state of Nevada.
Submitted: 4 years ago.
Category: Family Law
Expert:  PlotinusLaw replied 4 years ago.
Hello and thank you for your question. I want to make sure I understand your question correctly so I can give you the best possible answer. I am going to need to know whether or not that person has already undergone a psychological evaluation and how was he or she committed in the first place? Were they committed by a physician in an ER setting, a law enforcement official, family member etc?

Customer: replied 4 years ago.
They were committed by the Tahoe Carson Hospital E.R.
Expert:  PlotinusLaw replied 4 years ago.
Okay thank you for the additional information. I am going to check the statute(s) for your state now. I will have a detailed answer for you in about 30 to 40 minutes. Is that going to work for you?
Customer: replied 4 years ago.
yes.
Expert:  PlotinusLaw replied 4 years ago.
Thank you for being patient. The short answer to your question is that the minimum amount of time that an individual can be held involuntarily on an emergency mental health commitment is 72 hours pursuant to NRS 433A.150: detention for evaluation, observation and treatment; a limitation on time.

However, the admitting agency or treating physician may file a petition for an involuntary court order extending the admission beyond the 72 hours. If a petition like this is filed, the court will hold an emergency protective custody hearing. The person committed has the right to an attorney at such a hearing. Before the hearing, there will be an examination of the person who is alleged to be mentally ill. This will be performed by two or more physicians or licensed psychologists. The patient may be accompanied by one or more of his relatives or friends during the examination. The examining physicians and/ or psychologists must submit a written summary of their findings in an evaluation with regards XXXXX XXXXX patient no later than 48 hours before the protective custody hearing.

If the patient was admitted under an emergency admission then the evaluation must be submitted to the court no later than 24 hours before the protective custody hearing.NSR 433A.240. Admission to mental health facilities, hospitalization and sealing of records. Here are some links to the statutes for your review: http://leg.state.nv.us/nrs/NRS-433A.html

I hope that you have found this information helpful. If there is something that I have not explained clearly, please don't hesitate to ask a follow-up question. I need to sign off now, but I will be checking my questions for follow ups before the end of the day. Also, please remember to click on the green "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. I wish you the best of luck in pursuing your case.





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