North Dakota Mental Health Hold

Illegal commitments can be challenged and the records expunged through the filing of a petition with the Court of Common Pleas. If the petition to expunge is granted, the involuntary commitment record is expunged and the petitioner's rights, including the right to bear arms are restored.

Can people with mental disorders be hospitalized against their will? The short answer is "yes," but only under specific circumstances. Some psychiatric disorders result in severe behavioral changes that necessitate rapid and dramatic action, including restricting a person's freedom.

The criteria for involuntary hospitalization are as follows: patients must exhibit dangerous behavior toward themselves or others, they must be helpless and unable to provide for their basic daily needs, and there is a danger of essential harm to their mental health if they do not receive mental care.

What happens during an involuntary hold? When a person is detained for up to 72 hours, the emergency facility or hospital is required to do an evaluation of that person, taking into account his/her medical, psychological, educational, social, financial and legal situation.

Involuntary Patients You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment.

The state's attorney of the county where the individual to be involuntarily committed is presently located; or. The state's attorney of the county where the individual to be involuntarily committed resides; or. An attorney retained by the individual who is seeking to involuntarily commit another individual.

People with mental illness are entitled to fair treatment, and they should: Be treated with respect and dignity. Have their privacy protected. Receive services appropriate for their age and culture.

If you have reliable information or actual knowledge that a family member or friend is chemically dependent or mentally ill AND you believe they may be a danger to themselves, others, or property, you can complete a Petition for Involuntary Commitment and submit it to the office of the Cass County State's Attorney.