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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118776
Experience:  20+ Years of Employment Law Experience
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My son called a depression hot line with Kaiser and was told

Customer Question

My son called a depression hot line with Kaiser and was told to go to the emergency room to talk to a counselor. I took him at 4:00 a.m. on Wednesday morning. They checked him in - asked when he could talk to a counselor and was told none available then. About 6:00 he said he said he was going to leave but they said he couldn't. About 11:00 a.m. a counselor came - talked to him about 15 minutes and put him on a 72 hour hold and he was told they would find a facility where he would receive counseling and evaluation. Since that time he is still at Kaiser, he has not seen any type of counselor. They are looking for a bed for him (he is 400 lbs.) so he sits in their 8 x 8 room . I have asked to speak to someone who can help us get the services he needs and not just sit in a room popping medicines and doing nothing but getting more frustrated. He has asked to speak to a counselor, but they said he has to wait till he gets to a facility. It has now been about 27 hours of sitting or lying in a small room. He is not allowed to come out. He wants help. I am willing to go private and get him help, but only the doctor who put him on hold can release him and they wont give us his info so we can contact him. Now they say at the end of his 72 hours (already those hours are being eaten up) they can keep him longer - which is questionable as they have done nothing so far except to hold him which further frustrates things. I want to hire an attorney who can help him, who can help so they do not extend time wasted and allow us to seek the help he needs privately.
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: No type of legal papers or actions. I have tried to talk to Kaiser Administration and left messages.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is not violent. He wants help, but sitting in a Kaiser room with no services only escalates things.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The only way they can keep him beyond 72 hours is by court order. If they have not obtained or filed for a court order to hold him longer, he has a right to leave. If they refuse to let him leave, then you need to tell them you will be obtaining an attorney for him and will be pursuing them for false imprisonment and for keeping him beyond the statutory 72 hours without a court order. Try that first, if they still refuse to let him leave, then you would need to get a local attorney in your city to represent him and you can get a mental health law or civil litigation attorney at the same site used by other attorneys, http://www.hg.org
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