When you arrive at a hospital or mental care facility, you will be provided with a form entitled, “Application for Voluntary Admission of an Adult. ” This form asks you to explain briefly why you are applying for admission. [3] X Research source The process for voluntary examination applies to adults. If a minor wishes to be examined for mental treatment, the minor’s parent or guardian must make the application.
Part of signing the admission form is an acknowledgment that you may be billed for any treatment or services you receive. It is important that you check with your insurance provider before taking this step, to make sure that you know what treatment is covered, or that you can afford to pay for whatever is not covered. [7] X Research source
If the physician does not provide this documented statement, then he or she must begin the proceedings to have your voluntary placement converted to involuntary placement.
the reason for your admission. Whether you initially arrived voluntarily or involuntarily, if you are mentally competent, the hospital staff must inform you of the medical reason for your treatment. You may have reported that you “don’t feel right” or “feel overwhelmed” when you reported voluntarily. The hospital will need to give you a more accurate medical explanation. the proposed treatment. The hospital staff must explain to you what they intend for you, whether it is counseling, medication, or some combination. alternative treatments. You need to be informed of other possible forms of treatment. If you have questions about those, and why they are not being considered, you have the right to ask.
Ask about any side effects that may be expected with the medication you will receive. Ask about the effects of alternative medications that are not being used, and make sure that you understand the differences.
Understand that mental health care is not always as clearly defined as other medical care, so the doctor may not be able to give you as clear an expectation as for a broken bone. But you should be able to get some idea, whether the treatment will be for a number of weeks, months or years. Ask about the doctor’s plan for monitoring your ongoing development, and how the decision is to be made about eventually ending treatment. You are entitled to know about any potential negative effects that may come from stopping treatment prematurely. If you are admitted to inpatient care, and you eventually wish to be discharged, you should know what may come from leaving care too soon.
Involuntary placement can only occur after the initial examination and a court hearing.
you have refused voluntary placement or are unable to make the competent decision for yourself; without treatment, you are likely to suffer neglect, because you are unable to care for yourself; there is substantial likelihood that you will cause severe bodily harm to yourself or others; other, less restrictive courses of action have been considered and have been ruled out as being insufficient.
The court must hear from doctors who have actually examined you. Expert testimony from uninvolved doctors is insufficient to make an involuntary commitment.
You need to realize that during this continuance, the hospital has the right to continue to hold you in its care.
If the judge believes that the facility where you have already been taken is adequate, he or she may order that you remain there. If the judge believes another facility would be more appropriate, you may be ordered to be transferred.
Determine that you are improved and grant a discharge. (This may not apply if you are under a criminal charge, in which case you will be transferred to a law enforcement facility. ) Transfer you from involuntary to voluntary status, and continue an appropriate course of treatment. Place you on convalescent status at a community care facility. This would be for a person who no longer needs the intensive mental health care, but who is not able to live alone.
“Ex parte” is a legal term that means you will be submitting this form to a court for a decision, without involving the person you are seeking to have examined. You are not required to use this specific form. You may write out your own petition that states the relevant facts for examination. However, the form is recommended by the Department of Children and Families because it is designed to include all the information that you will need.
First, you will be asked to provide information identifying yourself. This includes your name, home and work addresses, and your relationship to the person you are writing about. The next series of questions asks about any history you have regarding the Baker Act, whether you have filed reports about this person before, or whether the person has filed reports about you. The remainder of the form is optional and gives you the chance to report whatever behaviors you have witnessed that you believe supports having the person involuntarily examined. The more information you can provide, the better the judge’s decision will be. Finally, you are asked to provide identifying information about the person who is the subject of the form. You are asked to give the person’s name, physical description, and your assessment of whether the person is currently dangerous to himself or others. If you know that a legal guardian has been appointed, you are asked to provide that information as well.
After you file the Petition and Affidavit, your role is over. The court will consider your petition and act on it. If the petition is granted to have the patient examined, a law enforcement officer will find the person and transport him or her to a receiving facility for examination. The involuntary petition for an examination may also be completed by a law enforcement officer who observes behavior that leads him or her to believe that the subject needs to be examined. Finally, it may also be completed by a physician who believes that the person meets the criteria for a mental health examination.
Mental health treatment often includes the use of mental health drugs. Mental health drugs carry FDA warnings such as hallucinations, mania, psychosis, delusions, paranoia, suicidal and homicidal thoughts. Medical causes such as nutritional deficiencies, hormonal imbalances, thyroid imbalances and tumors, can be evidenced by medical tests and can be treated with traditional medical care that does not include the use of the mental health drugs.
Your spouse An adult child A parent Next of kin An adult friend
