If someone is experiencing a psychiatric crisis and may be a danger to themselves or others, a mental health hold may be necessary to protect them and others. This guide outlines how to initiate that process legally and responsibly.
Disclaimer: This page is for informational purposes only. The Novel Advocate does not provide medical or legal services. Consult with a local attorney or mental health professional for guidance in your state.
🔍 Know the Warning Signs
-
Suicidal thoughts or threats
-
Self-harm or recent suicide attempt
-
Hallucinations, delusions, or extreme paranoia
-
Inability to care for basic needs (food, hygiene, shelter)
-
Unusual aggression or erratic behavior tied to a mental health condition
Top Reasons for a Mental Health Hold
🚒 Who to Contact
-
Mobile Crisis Unit (if available in your area)
-
Non-emergency police line — request a CIT-trained officer (Crisis Intervention Team)
-
Emergency Room or walk-in psychiatric facility
-
Local Mental Health Authority or Behavioral Health Clinic
📄 Document Everything
-
Keep a written record of:
-
Dates, times, and nature of concerning behavior
-
Quotes or messages that demonstrate intent to harm
-
Prior diagnoses, medications, or hospitalizations if known
-
🏛️ Petitioning for a Hold
-
Some states allow family members to file a petition with the local court or clerk
-
You may need to testify or provide written statements
-
Medical or psychiatric professionals may be required to evaluate and confirm the need for the hold
⚠️ Only pursue a mental health hold when you believe there’s immediate risk. This process can be traumatic, and misuse may harm trust or lead to legal consequences.
🌎 What Is an Involuntary Mental Health Hold?
-
A legal action that allows a person to be held in a psychiatric facility or hospital for evaluation if they are believed to be a danger to themselves or others, or unable to care for themselves due to mental illness.
-
Initiated by law enforcement, mental health professionals, medical providers, or family members (varies by state).
-
Hold duration varies by state (typically 24 to 72 hours for evaluation).
🏛️ Baker Act & Other State Laws
-
Baker Act (Florida): Up to 72-hour psychiatric hold for assessment. Does not require patient consent.
-
5150 (California): 72-hour hold for evaluation due to danger to self/others or grave disability.
-
Section 12 (Massachusetts), 302 (Pennsylvania), 9.27 (New York), etc. — every state has its own law.
[COMING SOON: State-by-state initiation requirements and petition forms.]
