Involuntary Civil Detention is one of those areas of the law that you probably don’t know anything about until you need it. Involuntary Civil Detention is most commonly referred to as a “96-hour hold”. This 96-hour hold is the initial involuntary civil detention allowed for an individual who presents a likelihood of serious harm to himself or others. The 96 hours or four days does not include non-judicial days, so the period of time does not include weekends or holidays. A Jefferson City, MO whistleblower lawyer can help individuals understand their legal rights and navigate complex legal processes when urgent situations arise.
Initial Process for Civil Commitment
In order to place an individual under civil commitment or civil detention, an application is executed by an adult person stating that the applicant has reason to believe that the respondent is suffering from a mental disorder and presents a likelihood of serious harm to himself or herself or to others. There has to be specific factual information on which the belief is based. Mo. Rev. Stat. 632.305.1. If the application is filed by an adult who is not a licensed physician or peace officer then the Court has an ex parte hearing to determine whether the individual should be taken into custody and transported to a mental health facility. Once an individual is under a 96-hour hold, there are very few options available to fight civil detention. Due to the initial short time period, it is essentially impossible to get a court hearing regarding the 96-hour civil detention. An attorney is appointed for the individual under civil detention.
Further Detainment
If the mental health facility believes that an individual (legally known as the respondent) needs to remain under civil commitment longer than 96 hours, then the next step is for the had of the mental health facility to file a petition seeking additional time. Mo. Rev. Stat. 632.330. The first petition would be to seek up to 21 additional days of involuntary civil detention. Mo. Rev. Stat. 632.330. Following the filing of the petition for additional civil detention a trial regarding the petition occurs within two judicial days. Mo. Rev. Stat. 632.330; 632.335 The individual being involuntarily detained is required to have legal representation, typically court appointed. Mo. Rev. Stat. 632.335. The Petition is actually prosecuted by the County which may be the prosecutor’s office or a county counselor. The respondent has a right to a jury trial. When it come to the trial, whether a bench trial or jury trial, the trier of fact is “upon clear and convincing evidence, that respondent, as the result of mental illness, presents a likelihood of serious harm to himself or herself or to others” Mo. Rev. Stat. 632.335. Interestingly in Mo Rev. Stat 632.330 if the medical provider feels that the Respondent may be incapacitated or disabled as defined by Chapter 475 then the facility shall file a petition pursuant to Mo. Rev. Stat. 475.061 and 475.060. However, I have rarely, if ever, seen a petition filed even when the Respondent has an ongoing medical need likely causing them to be incompetent or disabled under Chapter 475.
If the medical facility feels that more than 21 days of involuntary treatment is required, they can then file for 90 days of involuntary civil commitment. Mo. Rev. Stat. 632.340. Another hearing must be conducted regarding this petition. Mo. Rev. Stat. 632.340. If the medical facility feels additional time following the 90 days are required, they may petition the court for a final 90 days. Mo. Rev. Stat. 632.355.
Hopefully this helps you understand a nuanced niche of the law. If you have questions or need guidance tailored to your specific circumstances, contacting TGH Litigation can provide clarity, strategic insight, and experienced legal support moving forward.
Additional Resources:
https://dmh.mo.gov/media/pdf/civil-involuntary-detention-consumer-information-manual