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• Tuesday, August 5, 2008 08:30 PM

  Maryland Rules re Involuntary Commitment

  Rights of Persons in Maryland's Psychiatric Facilities - 2002

  Department of Health and Mental Hygiene

  In order for you to be involuntarily admitted,

  ALL OF THE FOLLOWING MUST BE TRUE:

  • you have a mental illness;

  • you need inpatient care or treatment;

  • you present a danger to yourself or to others;

  • you are unable or unwilling to be admitted voluntarily;

  • there is no available, less restrictive form of care or treatment to meet your needs.

  The hospital also must discharge patients who no longer need inpatient care or treatment, are not dangerous, and can care for themselves or can be cared for by others who are willing to do so. If you have been committed involuntarily, you will be discharged when your treatment team determines your condition has stabilized sufficiently for you to return to the community

  If your current admission status is based on a written application for voluntary admission and you wish to be discharged, you must inform the staff, in writing, of your desire to leave. You may not be held for more than three days (72 hours) after formally requesting release, unless your status is changed to an involuntary admission. If your treatment team believes you are not ready for discharge, the physician will discuss this with you and may place you on involuntary commitment status. If you are certified as an involuntary commitment, you will be scheduled for an administrative hearing within 10 days. If you do not meet ALL the criteria for an involuntary admission as shown on page 2, the Administrative Law Judge will release you from the hospital.

  Maryland Civil Commitment Law

  Administrative Hearing Provision

  Maryland Code Annotated, Health-Gen. Art. § 10-632. Notice and time of hearing; hearing officer; decision. (2003)

  (e) Decision.- The hearing officer shall:

  (1) Consider all the evidence and testimony of record; and

  (2) Order the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought:

  (i) The individual has a mental disorder;

  (ii) The individual needs in-patient care or treatment;

  (iii) The individual presents a danger to the life or safety of the individual or of others;

  (iv) The individual is unable or unwilling to be voluntarily admitted to the facility;

  (v) There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and

  (vi) If the individual is 65 years old or older and is to be admitted to a State facility, the individual has been evaluated by a geriatric evaluation team and no less restrictive form of care or treatment was determined by the team to be appropriate.

  —PTA Mom Read PTA Mom's other letters
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