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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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Customer Question

My son is a 43 year old who is going through a divorce and he has a lot of issues; he's been living with me since August/11 and I have noticed some behaviors that let me to believe he is Bipolar or multiple personalities. I have tried my best to help him but I think he needs professional help. He is not working, has no insurance and I am unemployed with only the social security left from my husband. Can you help him?
Submitted: 2 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 2 years ago.

Hello,
Thank you for allowing us to assist you with this problem.

 

The biggest problem you face is that legally your son is an adult so you lack the ability to force him into treatment unless he is a danger to himself or someone else. Generally, the term “mental health hold” refers to the authority given in state law to certain law enforcement and trained professionals to take someone into custody that they reasonably believe may be a danger to themselves, others or is gravely disabled. If you believe he is a danger, then you can contact the Division of Behavioral Health.

 

In Colorado, a State law (Colorado Revised Statutes, Title 27, Article 65—”27-65,” formerly known as “27-10”) defines the ways that an individual can be required to get treatment.

The "27-65" law requires proof that, due to a mental illness, either

1.the individual is demonstrating an imminent threat of harm to self
2.the individual is demonstrating an imminent threat of harm to someone else
3.the individual is determined to be “gravely disabled.”
In these circumstances, a law enforcement officer or certain licensed mental health or medical professionals can complete paperwork to require treatment of the individual by placing him or her in a “27-65 licensed mental health facility” for up to three days. This paperwork is called a “72-Hour Mental Health Hold” or an “M1 Hold.”

 

Mental Health Holds are often created in hospital emergency departments. An individual goes to a hospital emergency department on their own, or is taken by family, friends, or law enforcement. If the individual shows symptoms of mental illness in the emergency department, and the professionals at the hospital think the individual meets one of the three criteria listed above, the staff may write a 72-Hour or M1 hold, requiring the individual to be placed in a licensed 27-65 facility (usually a psychiatric hospital or psychiatric unit in a general hospital) for up to three days of treatment.

Depending on available psychiatric hospital beds, the person may be moved from the emergency department to a different hospital for the 72-hour treatment period. The 72-hour hold compels the individual struggling with a mental illness to receive immediate treatment, focusing on rapid stabilization.

During the 72-hour (three-day) period, mental health professionals will get to know the individual to understand their needs and strengths. If those professionals think that the person will need more than three days of treatment, the treating doctor or psychologist may initiate the Short Term Certification (STC) process.

The STC allows mandatory treatment to continue for up to 90 days. (The law allows a second 90-day STC if the first one doesn’t allow enough time for stabilization.) The treating doctor or psychologist makes their STC recommendations to a legal court, which oversees the process to protect the rights of the individual and protect the community.

Under an STC, the person is treated in a setting considered the least restrictive to the individual. This often means that an individual begins treatment in an inpatient setting, then continues in an outpatient setting. The STC compels treatment for individuals who have demonstrated that their mental illness symptoms interfere with their ability to take care of themselves in a safe and stable manner.

Many people learn, during the first 90 days, that they need to stay in outpatient treatment longer to get well and stay well. People who have experienced effective treatment during this three month period usually can go back to living their lives productively, with new awareness of how to maintain their mental health.

In some situations, the supervising court might approve a Long Term Certification after the STC is complete. The Long Term Certification process includes a hearing before the court. It can extend the mandatory treatment period for up to six months. After this, additional extensions can be requested from the court if the person continues be a danger to self, others, or gravely disabled by the illness.

Also you can contact the Metro Crisis Line(NNN) NNN-NNNN They can help you navigate through the “system.”

Customer: replied 2 years ago.
Thank you; yes this has been helpful. He has a court appointment on Tuesday, January 3/12 and I am responsible for him to show up in court because I paid the bond. If he goes to jail, can I still do what you suggested in your answer? What are my options? Sometimes I feel he might injure himself; he told me sometimes he wanted to commit suicide but not anymore. I am desperate, I want to help him and I want to do things right.
Expert:  Daniel Solutions replied 2 years ago.

You stated he was in a divorce. Traditionally a person does not go to jail or must have a bond posted in a civil divorce case so there must be some component you did not share with me. Perhaps there is also a criminal matter or he is facing contempt charges before the divorce judge.

 

Regardless, if he does go to jail that limits your ability to only being able to inform the jail as to his possible mental health issues so they can monitor him and if necessary have him submitted for the hold.

Customer: replied 2 years ago.
His ex-wife put a restraining order because he hit her and he had a previous problem because of a restraining order from the other girl that he was involved with while still being married; both are domestic violence. The first case was closed and he has a misdemeanor for that but he is still on probation. I really think he needs help urgently but I cannot provide either physically or financially because I have some health issues and I am unemployed.
Expert:  Daniel Solutions replied 2 years ago.
Thank you for the additional information.

My prior answer are still correct.
Expert:  Daniel Solutions replied 2 years ago.
If I have answered your questions as I assume I have, I ask that you remember to click ACCEPT because that is the only way I receive credit for the responses I have provided.

Thank you.

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