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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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Regarding an M1 hold in Colorado. My 12 year old son (diagnosed

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Regarding an M1 hold in Colorado. My 12 year old son (diagnosed with cognitive disorders) is currently on an M1 hold. He displayed behaviors that were dangerous to himself during school. He is under treatment for these behaviors. He displayed them again at the hospital and is currently under a 72 hour M1 hold. Can anyone tell me what the legal ramifications are if I violate that M1 and leave the hospital?
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

To clarify, are you asking the potential ramifications if you take your son from the hospital without him being released by the hospital? Not just 'you' leaving the hospital, but taking him with you?

If that is the case, can you tell me why you are considering doing so?
Customer: replied 1 year ago.
Yes, I am thinking about taking him with me. I don't know what the legal ramifications are or even if security would be a factor. The behaviors he exhibited were due to him not eating at school and anxiety. We have him in treatment and do not feel that committing him to a mental health facility is the right thing to do. He has been diagnosed with having the cognitive ability of a five year old and a mental health facility is not going to help him.
Customer: replied 1 year ago.
Hi Joseph, yes, I am considering taking my son with me. He has been diagnosed with the cognitive ability of a five year old. His behaviors came about because he did not eat at school. He ate at the hospital and is fine now.
Expert:  Joseph replied 1 year ago.
Hello Mike,

Thank you for the additional information. I will have to look into this and will get back to you shortly.
Expert:  Joseph replied 1 year ago.
Hello Mike,

(Good name, same as my twin brother). There is no criminal or other law that specifically covers the consequences of willfully violating an M1 hold. That said, that doesn’t mean that there wouldn’t be other potential consequences that could occur.

For one, since the doctors have found that your son is a danger to himself, if you remove him from the hospital (assuming that is even possible as he may be in a locked psychiatric ward area), the hospital could call the police and have your son picked up at your home.

You also could face potential issues with disorderly conduct by trying to remove your son from the hospital while he is on a psychiatric hold. Also, if there are further issues down the road with your son, it could negatively impact him if there’s a record that he was forcefully removed by you from the hospital, including additional security procedures.

All in all, I would say that the potential risk you would face in removing your son is really not worth it, since more than likely he would be forcefully taken by the police back to the hospital to complete his psychiatric hold anyway, and you could face disorderly conduct charges from the police. Additionally, while you don’t believe that it would help your son to be there, you may be placing him or others at risk if he is exhibiting dangerous behavior.

Finally, the school would also almost certainly be notified if you removed your son, so if he does show back up at school, he would likely be sent back to the hospital eventually.

I do understand your commitment to your son and your desire not to see him in a psychiatric institution when it doesn’t seem that will help him (and will actually harm him) , and despite any criminal statute specifically on point, it simply doesn’t seem worth it to risk your and your son’s safety in trying to remove him from the hospital without him being released from the hold.

While it may take a few days for this to get done, it is almost certainly worth it to be patient with the process, since it will only likely complicate matters worse if you try to leave the hospital with your son without him being released.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Category: Legal
Satisfied Customers: 5221
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Joseph
Joseph
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Attorney with significant and substantial experience in multiple areas of law.