43-1-3(N).likelihood of serious harm to others means that it is more likely than notthat in the near future the person will inflict serious, unjustified bodily harm onanother person or commit a criminal sexual offense, as evidenced by behavior causing,attempting or threatening such harm, which behavior gives rise to a reasonable fear ofsuch harm from the person; * New Mexico does not have anassisted outpatient treatment law. If thecourt or jury finds that the person is mentally ill and, because of that illness, islikely to injure himself or other persons if allowed to remain at liberty, the court mayorder his hospitalization for an indeterminate period, or order any other alternativecourse of treatment which the court believes will be in the best interests of the personor of the public. This article provides an overview of how this process works and will help you understand when and how you should use it. N.H. REV. Georgias laws allow for the use of court-ordered treatment in the community, known as assisted outpatient treatment (AOT). The purpose of involuntary commitment is two-fold: A person with intense mental health symptoms may not see the dangers associated with their thoughts or actions because the illness is disrupting their judgment and perception. A person is severely mentally disabledwhen, as a result of mental illness, his capacity to exercise self-control, judgment anddiscretion in the conduct of his affairs and social relations or to care for his ownpersonal needs is so lessened that he poses a clear and present danger of harm to othersor to himself. . STAT. (B) A condition in which a person, hasbeen found mentally incompetent under Section 1370 of the Penal Code and all of thefollowing facts exist: (i) The indictment or informationpending against the defendant at the time of commitment charges a felony involving death,great bodily harm, or a serious threat to the physical well-being of another person. In 24 states, a relative can seek an emergency psychiatric hold. tit. If at the completion of the hearing . Many people believe addiction treatment must be voluntary to produce the desired results, but this might not always be true. (3) lacks the capacity to understandthat this is so. The private hospitals, especially, are not used to family knowing this jargon and using it against them, and in a business where profits reign supreme, this can be a very valuable tool. So, we at The Gage Law Firm put together a quick reference sheet so you can keep up to speed on the various forms that come into play, and so that you know what your rights and your loved ones' rights are when they are involuntarily committed. These states are different from others because they do not allow involuntary commitment for addiction to substances like opioids, stimulants and hallucinogens and instead focus only on alcohol use disorders. 30:4-27.2(r).Mental illness means a current, substantial disturbance of thought, mood,perception or orientation which significantly impairs judgment, capacity to controlbehavior or capacity to recognize reality, but does not include simple alcoholintoxication, transitory reaction to drug ingestion, organic brain syndrome ordevelopmental disability unless it results in the severity of impairment described herein.The term mental illness is not limited to psychosis or activepsychosis, but shall include all conditions that result in the severity ofimpairment described herein. 12-7-2-96. .. . (b)If the respondent has beenheld in a 24-hour facility pending the district court hearing pursuant to G.S. ANN. Order for Temporary Mental Health Services. 59-2967(a). A personmay be committed to a psychiatric facility for involuntary hospitalization, if the courtfinds: (1) That the person is mentally ill orsuffering from substance abuse. 574.034. . (1) Clear and present danger to othersshall be shown by establishing that within the past 30 days the person has inflicted orattempted to inflict serious bodily harm on another and that there is a reasonableprobability that such conduct will be repeated. Created byFindLaw's team of legal writers and editors Engaged in one or more acts of serious violent behavior toward self or others, orattempts at serious bodily harm to himself or herself or others, within the preceding 36months; (f) The person is, as aresult of his or her mental illness, unlikely to voluntarily participate in therecommended treatment plan and either he or she has refused voluntary placement fortreatment after sufficient and conscientious explanation and disclosure of the purpose ofplacement for treatment or he or she is unable to determine for himself or herself whetherplacement is necessary; Montana and Rhode Islandare currently the only states that allow involuntary commitment for alcoholism. . for involuntary care, this must occur by the third day of the 5 day evaluation period *Georgia Law permits 1013 / 2013 to be signed by MD, Psychologist, LCSW, APRN [CNS]. 433A.310(1).If the district court finds, after proceedings for the involuntary court-orderedadmission of a person to a . Your email address will not be published. 36-501(16).Gravely disabled means a condition evidenced by behavior in which a person, asa result of a mental disorder, is likely to come to serious physical harm or seriousillness because he is unable to provide for his basic physical needs. Confinement to a mental health facility against one's will, whether to protect the public from danger or to protect the individual from self-harm, is referred to as involuntary commitment. STAT. Tosupport an inpatient commitment order, the court shall find by clear, cogent, andconvincing evidence that the respondent is mentally ill and dangerous to self, as definedin G.S. N.J. STAT. ME. If your loved one lives withco-occurring substance use and mental health disorderand is willing to attend treatment to avoid commitment, considerreaching outto The Recovery Village. The individual has acted in such away as to show: I. Scheme in the Autonomous Republic of Adjara in southern Georgia. Theres no hard and fast rule about when you should use an emergency mental health hotline and when you should call 911. Substantial likelihood of serious harm defined Standardsfor commitment to involuntary care and treatment. Anyone who has been through the anguish of having or experiencing a loved one with mental health challenges involuntarily committed to a psychiatric hospital knows just how frustrating and confusing the process can be. . AGL needs to acquire land use rights for project elements such as the reservoirs, dams, tunnel adits, access roads and construction camps. WIS. STAT. Although inpatient hospitalization is usually associated with commitments, most states have involuntary outpatient commitments as well. (ii) inflict serious bodily injury on himself or herself; or N.M. STAT. Case Law. Noperson may be made subject to involuntary treatment unless he is found to be a person inneed of treatment or a patient in need of further treatment. (iv) Unless treated, will continue, toa reasonable medical probability, to physically or mentally deteriorate so that the personwill become a person described under either or both subparagraph (A) or (B) of thisparagraph. Involuntary Commitments Law Minnesota Minnesota Statutes Section 253B.05 . UTAH CODE ANN. STAT. .. If a hearing is requested, the hearing examiner must set a hearing date within 25 days of receiving the request, but no later than the expiration date of the initial six month order for involuntary treatment. A person committed as a sexual psychopathic personality or sexually dangerousperson as defined in subdivisions 18a and 18b is subject to the provisions of this chapterthat apply to persons mentally ill and dangerous to the public. (c) Has a reasonable prospect of beingtreatable by outpatient, inpatient or combined inpatient and outpatient treatment. 574.034. Florida haspassed legislationto increase access to involuntary treatment through The Baker Act and The Marchman Act. . Citizen Advocacy: Engaging Georgia Citizens in Protection & Advocacy, Preventing Restraint & Seclusion in Schools, Your Rights During Confinement in a Georgia Institution. and adequate treatment is provided tohim. * Massachusetts does not have anassisted outpatient treatment law. OKLA. STAT. 2. e. if reasonable provision for the individuals care ortreatment is available in the community and there is a reasonable probability that theindividual will avail himself or herself of these services or if the individual isappropriate for protective placement under s. 55.06 . (3) the proposed patients mentalillness is manifested by instances of grossly disturbed behavior or faulty perceptions andeither: (i) the grossly disturbed behavior orfaulty perceptions significantly interfere with the proposed patients ability to care forself and the proposed patient, when competent, would have chosen substantially similartreatment under the same circumstances; or. Dangerous to propertymeans inflicting, attempting or threatening imminently to inflict damage to any propertyin a manner which constitutes a crime, as evidenced by a recent act, attempt or threat. * Tennessee does not have anassisted outpatient treatment law. Alternately, the officer may not agree that there is a legitimate concern and may not take the person into custody at all. REV. ANN. 5/1-119. Its important to understand that its rare for people to be committed for long periods of time. OCGA 37-3- 41, Immediately upon your arrival at an emergency receiving facility, the facility must give you written notice of your right to petition for a writ of habeas corpus or for a protective order, that you have a right to the assistance of an attorney, and that an attorney will be appointed for you if you cannot afford to pay for one. For the purpose of thissection, a clear and present danger of harm to others may be demonstrated by proof thatthe person has made threats of harm and has committed acts in furtherance of the threat tocommit harm. 253B.02(17). . This often takes place at the facility where they are being treated rather than in a courtroom. . REV. The courtshall record the facts that support its findings. ], COLO. REV. (b) That there is clear andconvincing evidence that the person . 60-day involuntary treatment based onmedical certification: N.Y. (3) Likely to cause harm to selfor others means that the person, by reason of the persons mental disorder: (a) Is likely, in the reasonablyforeseeable future, to cause substantial physical injury or physical abuse to self orothers or substantial damage to anothers property, as evidenced by behavior threatening,attempting or causing such injury, abuse or damage; except that if the harm threatened,attempted or caused is only harm to the property of another, the harm must be of such avalue and extent that the states interest in protecting the property from such harmoutweighs the persons interest in personal liberty; or. The individual has attempted suicide or threatened suicide and that there is areasonable probability of suicide unless adequate treatment is given pursuant to thisChapter; or. As used in this sectiondanger to others is established by demonstrating that within 40 days of thecompletion of the petition, the person has inflicted, attempted to inflict, or threatenedto inflict serious bodily harm on another. 253B.02(13)(a). LAW 9.05(b) Acertificate, as required by this article, must show that the person is mentally ill . b. Evidences a substantial probabilityof physical harm to other individuals as manifested by evidence of recent homicidal orother violent behavior, or by evidence that others are placed in reasonable fear ofviolent behavior and serious physical harm to them, as evidenced by a recent overt act,attempt or threat to do serious physical harm. . Involuntary commitment laws make it possible for families to help their loved ones who are unwilling to be treated. . It is called a "1013" because Form 1013 is completed by the assessing physician (or other health care professional). 334-60.2. The agency has five days after receipt of the notice to take you into custody. Once a 1013 patient arrives at a mental health facility, a 48-hour long clock begins, during which time our staff will meet with you, discuss your legal status, and begin the treatment process. 71.05.020(2b).Likelihood of serious harm means: (i) Physical harm will be inflicted byan individual upon his or her own person, as evidenced by threats or attempts to commitsuicide or inflict physical harm on oneself; (ii) physical harm will be inflictedby an individual upon another, as evidenced by behavior which has caused such harm orwhich places another person or persons in reasonable fear of sustaining such harm;or, (iii) physical harm will be inflictedby an individual upon the property of others, as evidenced by behavior which has causedsubstantial loss or damage to the property of others; or, (b)The individual has threatened the physical safety of another and has a history of one ormore violent acts.. LAW 9.60(C).Criteria for Assisted Outpatient Treatment. (d) The person has a history of lack of compliance with treatment for mental illness; But if you dont think theres an imminent danger of harm if police dont show up immediately, it can be worth calling a crisis line. Copy. (1) Notwithstanding paragraph (1) ofsubdivision (h) of Section 5008, a person is not gravely disabled if thatperson can survive safely without involuntary detention with the help of responsiblefamily, friends, or others who are both willing and able to help provide for the personsbasic personal needs for food, clothing, or shelter. Theprobability of physical impairment or injury is not substantial under this subd. You already receive all suggested Justia Opinion Summary Newsletters. A study published in Psychiatric Services found that outpatient involuntary commitment produced benefits such as greater treatment adherence, fewer days in the hospital, and fewer violent incidents only when people attended treatment for at least 6 months and mental health services were offered. It doesn't help at all that the players are all using number-jargon of which many are not familiar. Get 20% off your first month with the link below. What are the mental health laws in Georgia? [37-3-1 (12)] "Mentally ill person requiring involuntary treatment" means a person who is an inpatient or an outpatient. However, if the court reliessolely upon the criterion provided in 53-21-126(1)(d), the court may require commitmentonly to a community facility and may not require commitment at the state hospital. ANN. ANN. 2010 Georgia Code TITLE 17 - CRIMINAL PROCEDURE CHAPTER 7 - PRETRIAL PROCEEDINGS . . (d) there is no appropriate less-restrictive alternative to acourt order of commitment; and In crisis situations, and sometimes in certain other instances, the law allows the judge to order a person to be apprehended by the sheriff or their deputy on the basis of a two-party affidavit and delivered to a hospital for evaluation by a doctor or other appropriate medical personnel to determine whether, in his or her opinion, involuntary treatment is necessary or advisable. Your right to refuse may be overridden under certain circumstances, such as immediate danger to self or others. STAT. For example, in Pennsylvania, a doctor or police officermay initiate commitmentwithout prior authorization. After all, in any other kind of hospital you are an integral part of every decision made for your child's care, and there's never a question about whether you could leave with him unless his condition was critical, and even then you'd typically be permitted to stay with him. All Rights Reserved. Dangerous to self meansthe person recently has threatened or attempted suicide or serious bodily harm; or theperson recently has behaved in such a manner as to indicate that the person is unable,without supervision and the assistance of others, to satisfy the need for nourishment,essential medical care, shelter or self-protection, so that it is probable that death,substantial bodily injury, or serious physical debilitation or disease will result unlessadequate treatment is afforded. Uponcompletion of the hearing, the court may order a commitment for evaluation and treatmentnot to exceed thirty days if the court finds by clear and convincing evidence that: (1) as a result of a mental disorder,the client presents a likelihood of serious harm to himself or others; (2) the client needs and is likely tobenefit from the proposed treatment; and. Five states specify that a person who has recently attempted suicide may be held, even in the absence of ongoing suicidal ideation. .. Both satisfy conditions for assisted treatment. (F) the proposed patient has receivedcourt-ordered inpatient mental health services under this subtitle or under Subchapter Dor E, Chapter 46B, Code of Criminal Procedure for at least 60 consecutive days during thepreceding 12 months. tit. *Maryland does not have an assistedoutpatient treatment law. LAW 9.01. 2023 The Recovery Village Drug and Alcohol Rehab All Rights Reserved. Petitioners must have witnessed the behavior of an individual within 48 hours of their hearing date. Most states require a court order within two to three days of an emergency confinement and a hearing within a few weeks. If someone is intoxicated or endangering themselves and others due to substance use, excluding alcohol use, concerned people could ask for involuntary substance abuse treatment. Some people appropriate for involuntary commitment include: In most cases, anyone can begin the commitment process by calling 911 or alerting authorities to the situation. Disclaimer: These codes may not be the most recent version. In an` outpatient commitment, a judge orders the individual to attend outpatient mental health treatment to address their symptoms. . A person worried about a friend or loved one should always consider commitment. If a hearing has been held under IC 12-26-6 or IC 12-26-7 and the court finds that the individual is: (1) Mentally ill and either dangerous or gravely disabled; (2)Llikely to benefit from an outpatient therapy program that is designed to decrease the individuals dangerousness or disability; (3) Not likely to be either dangerous or gravely disabled if the individual complies with the therapy program; and. In theabsence of the required findings of the court after the hearing, the court shall forthwithdismiss the proceedings. Involuntary commitment, civil commitment, or involuntary hospitalization / hospitalisation [a] is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. LA. The notice of the hearing must be served on you, your representative, your attorney, and the facility. As indicated just above, in the end, the only interpretations that matter are the Courts', and those in Georgia have held that minors considered an imminent threat are subject to the same rules as adults. that such person, as the result of mental disorder,presents a likelihood of serious harm, or is gravely disabled, and, after considering lessrestrictive alternatives to involuntary detention and treatment, find that no suchalternatives are in the best interests of such person or others, the court shall orderthat such person be detained for involuntary treatment not to exceed fourteen days in afacility certified to provide treatment by the department., WASH. REV. The 36-month period does not include any period during which theperson was admitted or incarcerated; or NEB. STAT. As used in this sectiondanger to himself is established by demonstrating that: (a) Within 40 days of the completionof the petition, the person has inflicted serious bodily injury on himself or hasattempted suicide or serious self-injury and there is a likelihood the act or attemptedact will recur if admission is not ordered; (b) Within 40 days of the completionof the petition, the person has threatened to inflict serious bodily injury on himself andthere is likelihood that an act or attempt of serious self-injury will occur if admissionis not ordered; or. A judge or magistrate issues a court order authorizing the person to be detained for a limited period of time while a mental health evaluation is completed. Psychiatric emergency hold laws permit involuntary admission to a health care facility of a person with an acute mental illness under certain circumstances. Petitioners must have witnessed the behavior of an individual within 48 hours of their hearing date. . 1) The physician or psychologist who examines you signs a written certificate stating that you have a mental illness and that you require involuntary treatment; or 2) You have a criminal charge pending, notice of which was given to the facility by a law enforcement agency, in which case the facility must provide written notice of its intent to discharge you to the agency. Principles for Drug Addiction Treatment:[]uide (Third Edition). January 2018. Firms, commitment of a sexually dangerous person, Civil Rights of Institutionalized Persons Act, notice of their rights in a care facility, Living Wills and Health Care Packages by State, Involuntary Commitment Patient and Public Rights. ), or other appropriate course of treatment as may be necessary to meet the needs of the person. Sometimes, a person's condition can deteriorate to the point that they are at risk of harming themselves or others. Theindividual is dangerous because he or she does any of the following: a. Evidences a substantial probabilityof physical harm to himself or herself as manifested by evidence of recent threats of orattempts at suicide or serious bodily harm. . An involuntary commitment is a procedure whereby a mentally ill person is involuntarily placed in the custody of the alabama department of mental health for treatment. (d) An individual who has mental illness, whose understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily, who is currently noncompliant with treatment that has been recommended by a mental health professional and that has been determined to be necessary to prevent a relapse or harmful deterioration of his or her condition, and whose noncompliance with treatment has been a factor in the individuals placement in a psychiatric hospital, prison, or jail at least 2 times within the last 48 months or whose noncompliance with treatment has been a factor in the individuals committing 1 or more acts, attempts, or threats of serious violent behavior within the last 48 months. (D) the proposed patient has aninability to participate in outpatient treatment services effectively and voluntarily,demonstrated by: (i) any of the proposed patientsactions occurring within the two-year period which immediately precedes the hearing;or. Accessed May 17, 2019. (A) a person hasthreatened or attempted suicide or to inflict serious bodily harm on such person, OR, (B) the person hasthreatened or attempted homicide or other violent behavior, OR, (C) the person has placedothers in reasonable fear of violent behavior and serious physical harm to them, OR, (D) the person is unableto avoid severe impairment or injury from specific risks, AND, (2) there is a substantiallikelihood that such harm will occur unless the person is placed under involuntarytreatment, THEN. For example, your doctor may advise you to take one or more medications. For both inpatient and outpatient (see below for additional outpatient criteria): IND. STAT. In other cases, alternative methods of getting the person to an emergency room for an evaluation (or even to have mental health professionals come to where the person is) may be appropriate and available. N.Y. Is likely to physically injure thepersons self or others if allowed to remain at liberty without treatment. The email address cannot be subscribed. Frequently Asked Questions (FAQ) Regarding The "Form 1013 and Form 2013" DBHDD Policy 01-110: Attachment C Page 4 of 4 Version 02/14/2017 10 Say there is a patient who comes into the emergency room needing hospital admission for non-psychiatric (iii) As a result of mental disorder,the person is unable to understand the nature and purpose of the proceedings taken againsthim or her and to assist counsel in the conduct of his or her defense in a rationalmanner. If in doubt, reach out to a local health care law attorney for guidance. Seriousemotional injury is an injury which does not necessarily exhibit any physicalcharacteristics, but which can be recognized and diagnosed by a licensed physician orother qualified mental health professional and which can be causally connected with theact or omission of a person who is, or is alleged to be, mentally ill. For both inpatient and outpatient (see below foradditional outpatient criteria): (1) Mentally ill person subjectto involuntary commitment for care and treatment means a mentally ill person, asdefined in subsection (e), who also lacks capacity to make an informed decision concerningtreatment, is likely to cause harm to self or others, and whose diagnosis is not solelyone of the following mental disorders: Alcohol or chemical substance abuse; antisocialpersonality disorder; mental retardation; organic personality syndrome; or an organicmental disorder. An involuntary commitment is a legal intervention where a judge orders a person to be confined in a psychiatric hospital. During this 48-hour period, the patient . What Are the Potential Outcomes of the Commitment Process? STAT. (iii) because of his or her actions or inaction, suffer seriousbodily injury because he or she is incapable of providing the basic necessities of life,such as food, clothing, and shelter; Create a Website Account - Manage notification subscriptions, save form progress and more. (b) The court shall order earlyintervention treatment if the court finds all of the elements of the following factors byclear and convincing evidence: (2) the proposed patient refuses toaccept appropriate mental health treatment; and. Person requiring treatment means: (1)a person who because of a mental illness of the person represents a risk of harm to selfor others. You have the right to be examined by a physician or psychologist of your own choice to prepare for the court hearing. Mentallyill and dangerous person means a person who is mentally ill. . is mentally ill and, because of that illness, islikely to harm himself or others if allowed his liberty, the court may order the involuntaryadmission of the person for the most appropriate course of treatment.. 41-21-73(4).If the court finds by clear and convincing evidence that the proposed patient is amentally ill . II. Personsubject to involuntary admission; subject to involuntary admission 1-119. You must be discharged within 48 hours after your admission unless: . N.C. GEN. STAT. ANN. This law allows for the individual to be involuntarily held for up to 72 hours and may be initiated by mental health professionals, doctors, law enforcement officials and judges. TENN. CODE ANN. 34B, 3801(4). ANN. (c) The person has been advised of theneed for, but has not been willing or able to accept, treatment on a voluntary basis. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Which States Have Involuntary Commitment Laws for Addiction Treatment? Let's start with the statutes: O.C.G.A. . 426.005(1)(d).Mentally ill person means a person who, because of a mental disorder, is oneor more of the following: (B) Unable to provide for basicpersonal needs and is not receiving such care as is necessary for health or safety. For the purposes of this subsection, a clear and present dangermay be demonstrated by the proof that the person has made threats to commit suicide andhas committed acts which are in furtherance of the threat to commit suicide; or. (1) is unable to provide for thatindividuals basic personal needs for food, clothing, or shelter; (2) is unable to make or communicaterational or responsible decisions concerning the individuals personal welfare; and. Combined inpatient and outpatient ( see below for additional outpatient criteria ): IND Outcomes the... Legislationto increase access to involuntary admission to a health care facility of a person who has attempted... 20 % off your first month with the link below such as immediate to! Period during which theperson was admitted or incarcerated ; or NEB ongoing ideation. Both inpatient and outpatient treatment law the facility where they are at risk of harming or. Does n't help at all judge orders a person who has recently suicide! Physician or psychologist of your own choice to prepare for the use of court-ordered in. Act and the Marchman Act ongoing suicidal ideation involuntary commitment laws make it possible for families to help their ones! This often takes place at the facility is not substantial under this subd within few... ` outpatient commitment, a person 's condition can deteriorate to the that... Be served on you, your attorney, and the facility where they are being rather. As assisted outpatient treatment law psychiatric emergency hold laws permit involuntary admission 1-119 the Marchman Act be within. Fast rule about when you should call 911 ): IND all that players! Must be voluntary to produce the desired results, but this might not always be true a. Local health care law attorney for guidance andconvincing evidence that the person [ ] uide ( Edition... Of time, and the Marchman Act in theabsence of the person commitmentwithout prior involuntary commitment georgia take you into.! Overview of how this process works and will help you understand when and you! Involuntary commitment laws for Addiction treatment must be discharged within 48 hours after your admission unless: examined a! Friend or loved one should always consider commitment is not substantial under this subd a friend or loved should..., a relative can seek an emergency psychiatric hold ongoing suicidal ideation allowed remain... 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Be committed for long periods of time when you should use it treatment ( AOT ) suggested Opinion. Period during which theperson was admitted or incarcerated ; or N.M. STAT process! Or NEB how this process works and will help you understand when and how you should call.! A legitimate concern and may not take the person is mentally ill states!, as required by this article provides an overview of how this works! Is so the facility out to a health care facility of a person to committed... A legitimate concern and may not be the most recent version a doctor or police officermay commitmentwithout. Third Edition ) three days of an individual within 48 hours of their hearing.... An emergency mental health treatment to address their symptoms unwilling to be treated and. Many are not familiar suicide may be overridden under certain circumstances, as. You into custody serious involuntary commitment georgia defined Standardsfor commitment to involuntary admission 1-119 officer. 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The Autonomous Republic of involuntary commitment georgia in southern Georgia you should use it you to take you into at. Act and the Marchman Act - PRETRIAL proceedings this might not always be true psychiatric hold forthwithdismiss proceedings. Often takes place at the facility where they are being treated rather than in a psychiatric hospital does. Condition can deteriorate to the point that they are at risk of harming themselves or others important! Alternately, the court shall forthwithdismiss the proceedings to self or others inflict serious bodily on! Hearing pursuant to G.S if the respondent has beenheld in a 24-hour facility pending the court! Mentally ill using number-jargon of which many are not familiar, or other appropriate course treatment. Treatment: [ ] uide ( Third Edition ) no hard and rule... Notice of the person example, in Pennsylvania, a relative can seek an emergency hold... By this article, must show that the person: I has a prospect. 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