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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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My 16 year old son was admitted on a 1013 from the ER, which

Customer Question

My 16 year old son was admitted on a 1013 from the ER, which we changed to voluntary at psych hospital admission. His private psychiatrist (not at hospital) feels he should be discharged ASAP and disagrees with the original 1013. What recourse do we have if they refuse this request?
Submitted: 2 years ago.
Category: Legal
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a GA licensed attorney.
The fact that your son was admitted on a 1013 means that despite the fact that you may have later agreed to a voluntary hold, that the involuntary hold remains in place for 72 hours.
The fact that you and your son's psychiatrist disagree with the 1013 hold has no legal effect on the validity of the hold. And short of your psychiatrist consulting with the facility psychiatrist and getting them to change their mind as regards ***** ***** son immediately, the soonest the facility will have to release him is 72 hours after he was admitted to the psychiatric ward.
You can retain a local attorney to file a lawsuit to challenge the hold if after 72 hours your son has not been released. But until that first 72 hours passes, there is nothing that you or the courts can do---it is all in the hands of the facility psychiatrist.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,