Understanding Involuntary Hold in Oregon: The Process and Rights
What Is an Involuntary Hold?
An involuntary hold is when someone is taken to a hospital or facility for mental health evaluation and treatment—even if they don’t want to go. This happens when there are serious concerns that the person is at risk of harming themselves, others, or is unable to care for themselves due to a mental illness.
In Oregon, the first hold lasts up to 72 hours. After that, a judge can decide to extend the hold for a longer period if needed.
When Is an Involuntary Hold Necessary?
If a judge determines through unambiguous and compelling evidence that an individual has a mental illness and, as a result of that illness, is:
Dangerous to oneself or others, or incapable of meeting one's fundamental needs
Additionally, a person may be found guilty if the judge determines that they are:
A person who has been committed and hospitalized twice in the last three years, has been diagnosed with a major mental illness like schizophrenia or manic-depression, exhibits symptoms or behavior similar to those that led to a previous hospitalization, and, if left untreated, will most likely continue to deteriorate to the point where they are unable to meet their basic needs or pose a risk to themselves or others.
Types of Involuntary Holds in Oregon
1. Initial 72-Hour Hold (also called "Emergency Hold")
Who can start it?
Law enforcement officers
Licensed mental health professionals (including some doctors, therapists, or social workers)
Why does it happen?
The person is showing signs of a serious mental health crisis and is unsafe.
What happens during the 72 hours?
The person is taken to a hospital or psychiatric facility.
They are evaluated by mental health professionals.
The team decides if the person should be released, stay longer voluntarily, or be referred for a longer involuntary commitment.
2. Extended Involuntary Commitment (up to 180 days)
Who decides this?
A judge, after a court hearing
What’s required?
A hospital or mental health facility must file a request with the court.
Evidence must show the person continues to be a danger or is unable to care for themselves.
Does the person have rights in court?
Yes. They will:
Be assigned a public defender
Have the right to challenge the hold
Be evaluated before the hearing
How Is an Involuntary Hold Initiated?
Step 1: Observation
A family member, friend, or community member notices someone behaving in a way that suggests serious mental distress or danger.
Step 2: Call for Help
If there is immediate danger, call 911 or a local mental health crisis line. Ask for a crisis intervention team (CIT) officer if possible.
You can also contact:
Local community mental health programs (CMHPs)
Mobile crisis teams
Step 3: Professional Evaluation
A mental health worker or officer will meet with the person and determine if they meet the criteria. If so, they can be placed on a 72-hour emergency hold and transported to a facility.
What Happens During an Involuntary Hold?
Once in a facility, the person will go through:
Medical and mental health evaluations
Safety checks to prevent self-harm
Stabilization, which may include medication or therapy
Planning for next steps (release, voluntary stay, or court hearing)
Tips and Guidance for Families
Having a loved one placed on an involuntary hold can be emotionally painful and confusing. Here are some ways to stay involved and offer support:
1. Stay Calm and Supportive
Even if your loved one is upset, avoid arguing. Reassure them that help is available and that they are not alone.
2. Contact the Facility
Once you know where your loved one is, call the hospital or treatment center. Ask to speak with a social worker or case manager. Be prepared to share helpful information like:
Mental health history
Medications they take (or refuse to take)
Any past hospitalizations or suicide attempts
3. Provide Written Information
If staff can't speak freely due to privacy laws (HIPAA), you can still fax or email them written notes with critical background information.
4. Attend the Court Hearing (If There Is One)
If the hold goes to a court hearing, you may be allowed to attend and offer your perspective.
What Are the Rights of the Individual?
Even if a person is placed on an involuntary hold, they still have legal rights, including:
The right to know why they are being held
The right to speak to an attorney
The right to a hearing if the hold is extended
The right to receive appropriate care
What Are the Possible Outcomes?
At the end of the 72-hour hold, the mental health team may:
Release the person if they are no longer in crisis
Ask the person to stay voluntarily
Request a court-ordered commitment for further care (up to 180 days)
If a court orders an extended hold, the person will remain in treatment until they improve or the court changes the order.
What Should Families and Caregivers Know?
You Can:
Call a crisis team if you notice warning signs like suicidal talk, paranoia, or aggression.
Stay involved during your loved one’s treatment by checking in regularly and communicating with staff.
Advocate for care, especially if you feel your loved one is not receiving the help they need.
You Should Avoid:
Forcing your loved one to “snap out of it”
Ignoring early warning signs
Trying to handle everything alone—reach out for help
Final Thoughts
Oregon’s involuntary hold laws exist to protect people in crisis and get them the help they need, even if they can’t recognize it themselves. While the process can feel harsh or sudden, it’s designed with safety and care in mind.
