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West Virginia Motion for Hospitalization Due to Noncompliance with VTA

State:
West Virginia
Control #:
WV-SKU-0326
Format:
PDF
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Description

Motion for Hospitalization Due to Noncompliance with VTA

West Virginia Motion for Hospitalization Due to Noncompliance with VTA is a legal motion that is filed by a mental health professional or the person's guardian when an individual is not complying with a voluntary treatment agreement (VTA). This motion is used to seek an involuntary hospitalization to protect the safety and well-being of the individual or the public. There are two types of West Virginia Motion for Hospitalization Due to Noncompliance with VTA: ex parte motion and notice motion. An ex parte motion is filed when there is an immediate threat of harm to the individual or the public. The court will then hear the motion and decide whether to grant or deny it. A notice motion is filed when there is no immediate threat of harm and the individual is given notice of the motion and a chance to be heard.

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FAQ

For this reason, Florida allows for people to be placed under the care of medical professionals for what many people refer to as a 72-hour psych hold. This temporary arrangement for involuntary hospitalization is meant to help identify whether or not a person needs further treatment.

If the court determines that there is probable cause, a person can be admitted to a mental health facility and an examination must take place within 5 days. If the examining physician determines that the person is a threat to themselves or others, a final commitment hearing must be instituted within 15 days.

In California, a person can be placed on an involuntary psychiatric hold, or 5150, if, due to a mental illness, they are determined to pose a danger to themselves (DTS) or others (DTO), or if they are ?gravely disabled? (GD), meaning they cannot provide for their own food, clothing, or shelter.

The authorized staff physician shall sign a statement attesting to his or her decision that the patient presents a harm to himself, herself or others and needs to be held involuntarily for up to 72 hours.

Complete the form: . File with the circuit court, magistrate court, or a mental hygiene commissioner in he county where the individual to be examined resides or in which he or she may be found.

Complete the form: . File with the circuit court, magistrate court, or a mental hygiene commissioner in he county where the individual to be examined resides or in which he or she may be found.

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West Virginia Motion for Hospitalization Due to Noncompliance with VTA