A Guide to Involuntary Holds in Utah: What You Need To Know
In times of crisis, individuals may experience mental health conditions that place them or others at risk, and sometimes the need for emergency psychiatric intervention arises. In Utah, as in many states, individuals who are considered a danger to themselves or others due to mental illness can be placed under an involuntary psychiatric hold, also known as an involuntary commitment. This guide aims to help patients and families understand the laws and processes surrounding these holds in Utah, including criteria, rights, and what to expect during this challenging time.
What is an Involuntary Hold?
An involuntary hold is when someone is temporarily placed in a mental health facility for evaluation against their will. This happens when they are considered a danger due to a mental health crisis or are unable to properly care for themselves. The goal is to provide a safe space for the person to be assessed and receive necessary care before determining the next steps. It’s a short-term measure intended to help individuals in urgent need of support. Although it is a legal process, the focus is on treatment, not punishment.
What Criteria Call for an Involuntary Hold?
Under Utah Code, individuals may be held against their will if they meet the following conditions:
The individual is a danger to themselves or others (e.g., suicidal, self-destructive, or violent behavior). This includes inability to care for basic needs due to mental illness, also referred to as grave disability.
The individual lacks the ability to make rational decisions about their mental health treatment.
There must be no suitable less restrictive alternatives.
Psychiatric Hold Laws in Utah
In Utah, the laws governing involuntary psychiatric holds are found in the Utah Code Title 62A, Chapter 15. The law provides a structured process for evaluating individuals who are believed to be in need of psychiatric care and potentially require a hold.
According to Utah law, a person can be placed under an involuntary hold by a licensed mental health professional or a member of law enforcement. However, concerned family members can also initiate the process if they believe the individual is in imminent danger. Once placed on a hold, the individual must be evaluated by a professional within a short period, usually within 24 hours. The process is designed to balance the rights of the individual with the need for immediate intervention. After 72 hours, the person may be released, treated voluntarily, or court-ordered into longer-term care.
Initiating an Involuntary Hold
In Utah, involuntary holds are often referred to as civil commitments. These holds are carefully court-ordered following strict legal guidelines, but they are distinct from criminal punishment. The initiation process is as follows:
Application: A responsible adult with personal knowledge of the individual’s mental illness can apply for a temporary commitment with the court.
Certification: A licensed medical or mental health professional must carefully examine the individual to verify they meet the criteria for a mental health hold.
Note: In some cases, a peace officer or mental health officer can initiate the hold directly based on personal observations of the person’s behavior.
What Types of Holds are There in Utah?
There are several different types of involuntary psychiatric holds in Utah, each serving a specific purpose and timeframe:
Emergency Detention
Occurs when law enforcement detains an individual for up to 24 hours of psychiatric evaluation under the belief that the individual is a danger to themselves or others.
Does not require immediate court involvement or petitioning.
After the 24-hour period, the individual must either be released or placed on an approved 72-hour hold.
72-Hour Hold
The most common type of involuntary hold, lasting a maximum of 72 initial hours.
Initiated together with law enforcement and mental health professionals.
Purpose is to evaluate the individual, keep them safe, and prepare a treatment plan.
Can be extended if necessary.
Court-Ordered Extended Commitment
If the individual continues to be a danger after the 72-hour hold has passed, a court may order a prolonged hold for extended treatment.
This hold can last for up to 30 days, after which the court must review the case.
If necessary, the commitment may be extended further upon review, generally not for longer than 90 days.
What Should Families and Caregivers Know?
Navigating the psychiatric hold process can be confusing and overwhelming. Here are some important things to keep in mind:
Stay Informed: Understand that involuntary holds are temporary and designed for the purpose of evaluation. They are not a final decision on the person’s treatment or long-term care, and do not lead to a criminal record.
Legal Counsel: The individual has the right to legal representation. If there is a possibility of extended commitment, consider hiring an attorney who specializes in mental health law to navigate the process and advocate for the patient.
Right to be informed: Family members or caregivers have the right to be informed about the evaluation process and the treatment options available to the individual. Communication with healthcare providers is crucial. However, understand that not all details may be shared for patient privacy.
Aftercare Planning: Once the individual is released, it is important for families to assist with planning follow-up care. This could include therapy, medication management, or support groups.
Patient Rights
Those placed under an involuntary hold in Utah have certain rights that must be upheld throughout the process:
Right to Contest the Hold: Individuals have the right to an attorney at their hearing if they choose to contest the hold or any potential further commitment.
Right to Treatment: Patients have the right to appropriate mental health treatment during their involuntary hold, and they also have the right to refuse treatment (such as medication) if it is not an emergency.
Right to a Second Opinion: Patients can request a second opinion from another mental health professional regarding their diagnosis or need for treatment. This can include an independent evaluation.
Right to Privacy: Like all medical treatments, the individual’s mental health information must be kept private in accordance with federal and state laws. Limited disclosures may be made if they are necessary for treatment.
Conclusion
An involuntary psychiatric hold can be a difficult experience for both the individual and their loved ones, but it’s designed to ensure safety and provide necessary care during a mental health crisis. Understanding the process, knowing your rights, and staying involved are crucial during this important time. Remember, the goal is always to support recovery and well-being. If you or someone you care about is struggling, reaching out for help is an important first step.
