Infographics
Involuntary Commitment & Voluntary Admission
Involuntary Commitment
If an adult feels that you need immediate help to protect you from harming yourself or others, they may file a petition for involuntary commitment, or a request to have you taken to an inpatient psychiatric facility. To be involuntarily committed, the following criteria must be met.
(1) You have a "serious emotional disturbance."
This might mean that your behavior is affecting how you act in the community, at school, or with your family, and a mental health professional has recognized that you have a mental disorder.
However, delinquent behavior alone does not mean you have an emotional disturbance.
(2) Your thinking is confused and your behavior is inappropriate OR you think about suicide OR you are severely depressed, sad, and cannot eat or sleep.
(3) You are a danger to yourself or to others.
(4) You can be helped at the inpatient facility.
If you have questions, ask a staff member at the facility for more information. If you feel that any of your legal rights have been denied, or if you have questions about your rights, please contact Disability Rights South Dakota at 1-800-658-4782.
Voluntary Admission
After you are voluntarily admitted, someone at the facility should explain the following to you:
- You are at the facility because you have met the requirements for admission.
- There are certain types of treatment which might be used to help you.
- There are some rules that you will need to follow.
- Anytime after you are admitted to the facility, you, or an adult on your behalf, have the right to object to your admission.
- You have the right to view and copy your medical records. However, there may be certain things in your records that your doctor will not allow you to see, but will allow your parents, guardian, or other legal custodian to see.
- After you have been admitted, a psychiatrist will talk with you and decide whether you should stay and receive treatment at the facility.
- If you object to staying at the facility, but they decide that you need to stay for treatment, you may be placed on a "mental illness hold" for up to 24 hours. During this 24-hour hold, you will be seen by a psychiatrist.
- You have the right to contact your parent or a person of your choosing to let them know you are being held at the facility.
- You also have the right to be examined by another mental health professional (get a second opinion).