Need help -- emergency order of detention

[antigop]

Can anyone explain this?

Does each state have its own rules?

Can you be held at a hospital against your will? If so, how long can they hold you?

Can they send you to any hospital and keep you there, even if you ask to be transferred to another hospital (such as one that is in network for your insurance policy)?

Can a family member intervene to get you released from the hospital?

I had never heard of an EOD until a friend got one slapped on her and she wanted to leave the hospital, but couldn't.

Any info would be appreciated.

[NYC_SKP]

1. I would bet that each state has different laws.

That's how governments work. There may be a few federal case laws that bear on this, but hospitals are regulated at the state level.

I would search the web for answers specific to her state of residence and consider a call to the lawyer referral service for even better advice at a discount.

Call your local Bar Association about that.

Good luck.

[elleng]

2. I ditto what SKP said.

[cbayer]

3. The laws are different in every state.

As noted above, there is generally a "mental health advocacy service" available that can be contacted for more information and legal assistance if need be.

Generally a family member can not intervene to get someone released.

[TexasBushwhacker]

4. In Texas it's 72 hours

Before the 72 hours is up, the person has to be taken before a judge who considers the evaluation of the mental health professionals and the persons own testimony. The judge then either allows the person to be discharged or that they be kept and treated for a certain period of time, after which they will be reevaluated.

My dad was bipolar and I had to have him picked up once because he was having paranoid delusions and building an arsenal of weapons. In his case, he agreed to stay at the hospital voluntarily, but then after the 72 hours he could have voluntatlily left too. He did stay for 3 weeks though.

[antigop]

5. so how exactly does this work (in Texas)?

"Before the 72 hours is up, the person has to be taken before a judge who considers the evaluation of the mental health professionals and the persons own testimony"

How do you get the person before a judge if the hospital won't let the person leave?

[TexasBushwhacker]

6. If a person was held against their will for more than 72

hours without an order from a judge, the facility wouldn't get paid by the state or insurance. It's unlikely that would happen.

Your friend has a right to an attorney. They should ask for one.

The reason an EOD is issued is because law enforcement or someone else observed behavior that made them think the person was a danger to themselves or others. For example, actress Amanda Bynes was picked up on an EOD when she started a fire in a neighbors driveway. The cops could have just arrested her and put her in jail but they didn't because she seemed mentally I'll.

FWIW, I've spent a night in jail and I've been in mental hospitals 5 times. Mental hospitals are a lot nicer.

Google Emergency Order of Detention for you state. Some states have a 72 hour waiting period and some have 48.