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1. What if my family member or the person that I'm concerned about refuses treatment and is causing serious problems?

If any person believes another person is mentally ill, drug dependent, or alcoholic and poses a danger to himself or others, and a doctor, other qualified licensed or registered professional, or the appropriate judge determines, in accordance with applicable legal standards and procedures, that it is indeed a crisis situation and the risks are both substantial and imminent, then the person is delivered by a sheriff's deputy to a hospital to be evaluated by a physician.

2. Is there any other way to have a person admitted involuntarily to a hospital on an emergency basis?

A police officer can make the same determinations as above, following the same standard of danger to oneself or others and can deliver the person directly to a hospital for evaluation if the police officer observes the person committing a crime and has reason to believe the person is a mentally ill, drug dependent, or alcoholic person who is in need of involuntary treatment.

3. What happens next, after emergency admission to the hospital?

An initial evaluation will be performed within 48 hours of the patient's admission. If the evaluating physician certifies that the patient meets the standards for inpatient treatment, the patient can be kept up to five more days in the hospital against his/her will. If another physician or psychologist along with the chief medical officer of the evaluating facility concur with the evaluating doctor's determination, then the person may be kept in the facility beyond the seven-day period, provided Involuntary Treatment Standards are initiated during that time.

4. When does Probate Court have jurisdiction over this type of case?

The Probate Court has jurisdiction in any case filed in the county in which the patient resides or is found involving a patient who is age 17 or older. The Juvenile Court has jurisdiction over patients under 17.

5. What if the person has not yet reached the crisis stage and is not an immediate danger to herself or someone else?

There are a few alternatives. First, the community mental health center, hospital, or other emergency receiving or evaluating facility can petition the court to determine whether outpatient treatment should be ordered if a doctor or other qualified licensed or registered professional certifies the need for (and availability of) involuntary outpatient treatment. See the Outpatient Treatment Proceedings.

Secondly, if the person has been certified to need involuntary outpatient treatment by a private physician or other qualified professional not connected with a facility as defined by the code (and the treatment the person needs is available), any interested person may petition the appropriate court for an order that the person receive a full evaluation.

Finally, if the person has not been seen by a qualified professional who is authorized to sign the certifications described herein, the person may apply to the community mental health center where outpatient treatment is provided to conduct a preliminary investigation to determine whether there is probable cause to believe the person is a mentally ill, drug dependent, or alcoholic person in need of involuntary treatment. If such a probable cause finding is made, the center must then petition the court for an order for the person to be evaluated. See the Court-Ordered Evaluation Proceedings.

6. What happens if the court rules that an evaluation is warranted?

The court will order a law enforcement official to pick up the person and deliver him or her to be evaluated.

7. How long can the court-ordered treatment last?

An inpatient treatment order can remain in effect no longer than six months. An outpatient treatment order is only authorized up to twelve months. Of course, the court could order treatment for a shorter period. Any request to extend involuntary treatment beyond the period would have to be brought by a new petition.

8. What is the procedure for appealing the judge's decision?

In most counties, the appeal would ordinarily be filed in the Superior Court for that county. In counties in which the probate court is a court of expanded jurisdiction, the appeal would be filed with the Court of Appeals and the Supreme Court. In any case, the appeal must be filed within thirty days.