If you’re a mental health patient in California, your rights are protected under the law, regardless of whether you’re receiving care under voluntary or involuntary commitment. Mental health experts are happy to explain those rights and protections for you. Learn more at https://missionconnectionhealthcare.com/mental-health/legal-rights/california/
Mental disorders can spiral out of your control when you least expect it, especially if they’ve gone untreated for too long. Even if you don’t intend to, you may end up becoming a threat to others, which may lead to court orders, police interventions, and other legal procedures that will admit you into a mental health facility against your will. If you’re currently in this situation, you may be understandably under a lot of stress. However, you do still have legal rights and protections, and any legitimate treatment center, like Mission Connection, will respect them.
Mental illnesses are widespread in America; an estimated one in five adults lived with a mental illness in 2022. Some individuals choose to admit themselves into a treatment facility to receive care for their disorders - this process is known as voluntary commitment.
Naturally, this differs from involuntary commitment, which involves legal procedures that admit a mentally ill individual into a facility against their will, a process that is preceded by a psychiatric hold.
A psychiatric hold is imposed on individuals who refuse care even though it’s required, are a threat to themselves and others, and are incapable of making informed decisions regarding their treatment. Psychiatric holds are intended to provide mentally ill patients with a safe environment while their condition is evaluated and stabilized; typically, the individual is held in a mental health facility for up to 72 hours before a hearing committee makes a final decision regarding their treatment.
While it may seem somewhat draconian, it’s legal under Californian law. In fact, it’s outlined in the Welfare and Institutions Code, which allows involuntary commitment for those who meet the aforementioned criteria.
Although involuntary commitment involves admitting individuals to facilities against their will, experts say that all patients have legal protections under the Lanterman-Petris-Short (LPS) Act. This means you can choose a personalized treatment plan that maintains your freedom, make phone calls, and see visitors; the act also protects your rights to adequate medical care and to refuse high-risk procedures. These rights are classified as “undeniable rights,” which are not affected by conservatorship.
While treatment facilities may refuse your “deniable rights,” such as access to personal belongings or money - anything that’s classified as a want, really - they must have a justifiable reason to do so. For example, if your clinical team deems you a safety risk to yourself, other patients, or staff members, they can say no to you, but they must document each denial on your treatment record.
And of course, any mental health professional you’re working with will always be happy to explain your rights to you. If you have concerns, don’t hesitate to ask. Click on the link in the description for more information. Mission Connection City: San Juan Capistrano Address: 30310 Rancho Viejo Rd. Website: https://missionconnectionhealthcare.com/