Rights Related to Admission and Discharge (Minors and Adults)

Voluntary Admission Process Mental Health Code Sec. 410-420
If you are admitted to a psychiatric hospital or unit on a voluntary basis (or you are admitted by application of your guardian with your agreement) you have the following rights:

Formal Voluntary Admission: to give written notice of your intent to leave the hospital. After you put your request in writing, you must be discharged within three (3) days (excluding Sunday and holidays). However, if the hospital director determines you require treatment and petitions the court for your involuntary admission you must remain in the hospital until a determination is made about your treatment by the court.
• To be discharged when treatment is complete or when you no longer need the services.
• To request a second opinion if the community mental health services program preadmission screening unit does not think you need to go into the hospital.

Involuntary Admission Process Mental Health Code Sec. 423-450; 1498
If you are involuntarily admitted to a psychiatric hospital or unit, you have the following rights:
• To make at least two phone calls.
• To a copy of the application or petition saying you require treatment and to copies of reports by the doctors who examine you.
• To a written statement explaining that you will be examined by a psychiatrist within 24 hours after you are admitted.
• To a written statement explaining your rights to: 

         • Full court hearing.
         • To be represented by an attorney.
         • To be present at the hearing.
         • To a jury trial.
         • To an independent clinical examination.
• To have staff, if you wish, notify your family of your admission to the hospital.

If the police take you into protective custody and bring you to a preadmission screening unit, to have staff of that unit complete their examination of you within two hours unless there is a documented medical reason for the delay.

• To be examined by two doctors or by a psychologist and a psychiatrist to determine whether you need to be admitted. One of the examinations must be by a psychiatrist and the first examination may be done before you are brought to the hospital.
• To refuse medication before your court hearing unless a physician decides you need it to prevent you from physically hurting yourself or others or if your life is in danger.
• To have an independent medical examination before your full court hearing.
• Within 72 hours (excluding Sundays and holidays) after a petition and clinical certification have been filed with the court, you have:
         • The right to meet with legal counsel,
         • The right to meet with a treatment team member assigned by the hospital director,
         • The right to meet with a designated community mental health worker,
         • The right to designate an individual of your choice to meet with you and the people indicated above for the purpose of informing you of:
• The proposed plan of service in the hospital.
• The proposed plan of service in the community.
• The nature and possible consequences of the involuntary
hospitalization process.
• The right to request that your court hearing be delayed, or "deferred", temporarily (60
or 90 days) with a continuing right to demand a hearing during this "deferral period". You will be treated as a voluntary patient during this period.
If you agree to medication or treatment before the court hearing, this does not mean that you
are agreeing to the hospitalization.

Court Hearings Mental Health Code Sec. 452; 463
If you are admitted to the hospital involuntarily, you have the following rights regarding court hearings:
• To have your court hearing promptly, but not more than seven days (excluding Sundays and holidays) after the court receives the application (petition).
• To be present at all court hearings. You may choose to waive the right to attend your hearing by signing a waiver witnessed by your legal counsel and filed with the court. During this hearing, you have the right to be represented by an attorney. If you cannot afford an attorney, the court will appoint one for you. Your attorney must consult with you in person at least 24 hours before the time set for your court hearing.
• To demand a jury trial. To present documents and witnesses and to cross examine witnesses.
• To obtain, at public expense if necessary, an independent clinical evaluation by a physician, psychiatrist, or licensed psychologist of your choice. (You must request this before the first scheduled hearing or at the first scheduled hearing before the first witness has been sworn.).
• To a copy of the court order.
• If you are a minor 14 years of age or older, you may write to the court within 30 days of your admission to object to your being hospitalized. You may do so again within 30 days from the time you receive a written review from the clinical staff regarding your need for continued hospitalization.
• If you are a minor of any age and have been hospitalized for more than seven days, you may inform a hospital staff of your desire to object to your hospitalization. Someone from the staff is required to assist you in properly filing your objection to the hospitalization. If nobody does this, then ask to see the rights advisor who will help get someone to assist you.

Note: Upon entry of a court order involuntarily hospitalizing you or placing you in involuntary alternative treatment, the court must order the State Police to enter the court order into the law enforcement information network [LIEN].

If you are re-hospitalized for longer than 10 days under a combined hospitalization/alternative treatment order, you must be notified of your right to file an objection to the hospitalization. If you do object, the court must schedule a hearing to determine whether you continue to be a person requiring treatment.

Periodic Review Mental Health Code Sec. 482; 485a
If you have a court order for continuing involuntary treatment, you have the right to  regular, adequate, and prompt reviews of your status. These reviews must be done six (6) months from the date of the court order and every six (6) months from then on.

Results of these reviews must be provided to you within five days from the time they are made part of your record and you must be informed of your right to petition for discharge. If you do petition for discharge following the periodic review, you have the right to a hearing. In addition to that hearing, you may petition the court for a discharge hearing once within each 12 month period from the date of the original order. After any of these hearings, if the court determines that you no longer require treatment, you will be discharged.