can a hospital keep a person against their will?

They can't hold you...

She needs a lawyer to show up in the ER. They will release her, quickly.

thanks brief!!!!! but can you elaborate?
can i go to the ER for a visiit and legally walk out the doors with her?

i love you GLP friends!!!!!

She blabbed about having suicidal thoughts - that's enough to warrant what they call a temporary detention order in which they can and will hold you against your will.

She should have kept her mouth shut. If you're going to off yourself, do it quickly and quietly - no warnings of any kind. And make sure your method is surefire, otherwise you'll just end up in the hospital anyway.

There is no room for failure when it comes to that sort of thing. You either do it, or you don't.

As long as she is willing to sign out...You can't drag her out...

What you need to do is hire an attorney to go to the ER and they will release her.

THis is what you need to do.

Now she has learned the hard way not to play with the beast system.

If she really wanted to harm herself, she would have not told anyone and gone to the ER.

This system is not your friend. I hope she has learned her lesson.

If she has panic attacks in the future, I recommend she start a work out regimen at a gym...

That works too...

she's been there 2 days without any psychiatric care. just waiting for beds to open up at the state facility which could take more days. meanwhile you know they're charging her for being in the room.

yeah, she knew better...she just hadn't grokked yet. i think now she does. i've warned her about the beast system for over a year.

did you mean sign in? she hasn't signed anything except a paper for her personal belongings.

Also, have her look into her diet.

People who have a gluten intolerance and eat wheat products are known to have panic attacks, adhd, and other nervous problems.
A high sugar diet is bad also. If your friend does not read food labels, and eat a lot of processed food with high frutose corn syrup in it...this can contribute to her attacks as well.


I recommend you call a lawyer and not go back to the ER without one.

does hula hooping count? i'm on the phone with her right now.

In some states they can hold you for 48 hours to do a mental evaluation.

In some states they can hold you up to 72 hours. Your friend is screwed until the time runs out or she is evaluated by a physician and released.

the only attention she got was a few questions from a social worker.
and a packaged dinner with the fisrt ingredient being HFCS

so it goes

they're holding her without any treatment waiting for a room at the facility to open. it sounds like kidnapping to me.

we appreciate the feedback!

What type of lawyer is best for such things?

I've never been to a hospital that you didn't have to sign something...but there is no way they are going to physically restrain her from walking out...

Quick Summary: Admission to the hospital, not arrival in the emergency room, starts the clock running for a psychiatric examination and certification of need for involuntary mental health treatment.

A person coming voluntarily to the emergency room for mental health reasons is not being held involuntarily while waiting or being attended to in the emergency room. APPELLATE COURT OF ILLINOIS, 1998.



According to the Appellate Court of Illinois, it is admission to the psychiatric unit, not voluntary presentation in the emergency room, that starts the clock running (in Illinois for twenty-four hours) during which the patient must be seen by a mental health professional specified by law and certified for an involuntary hold for treatment or for further evaluation.

Out of respect for civil liberties in our society, the courts have said that anyone not seen and certified within the exact time specified by state law must be released, regardless of their condition or need for treatment or the need to protect others from harm. The time starts when the person is first involuntarily held. In Re Moore, 704 N.E. 2d 442 (Ill. App., 1998).


- If its been 24 hours - go home.

actually - go home if you have not been admitted & are just in the ER, or 24 hours after admission.

"Illinois, like each state has its own rules governing when there can be a legal intervention to get treatment for a person with a severe mental illness. Illinois rules apply to someone who needs treatment but is unable to seek it voluntarily. Illinois mental health laws outline what steps must be followed and what standards must be met before someone can be ordered into treatment in the hospital or in the community. Illinois is one of forty four states that allow court-ordered treatment in the community, often called “assisted outpatient treatment” or “outpatient commitment.” Illinois is also among half of the states whose treatment standard is based on a person’s “need for treatment” and not just on the person’s likelihood of being dangerous to self or others. The following summary can be helpful for a family member trying to get court-ordered treatment for a loved one.

For both inpatient and outpatient care, a person must demonstrate a (1) Reasonable expectation of danger to self/others, (2) unable to provide for basic physical needs so as to guard against serious harm without the assistance of others, or (3) unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct."

[link to www.treatmentadvocacycenter.org]

Under the circumstances, yes they can. If "they" deem you as a threat to yourself or someone else... they can and will hold you there. If you try to leave, they could potentially have her committed too. So, be careful. Yes, I am speaking from experience.

I live in Paris, Illinois. I've seen this happen more than once.

~Zeus

Here is an outline of the actual statutes - too much to copy/paste
[link to www.wct-law.com]

beautiful! you have saved us precious time of having to look through laws, etc.

this seems to be the ammo we need.

thank you thank you thank you thank you!!!!!

It will take a family member to sign paperwork to get her released...All it takes in kansas to get forcefully admitted by your OWN family is two signatures from them...

And, this is of interest. Has the hospital followed these procedures as dictated by law? Does not sound like it...

"c. Examination by psychiatrist:

No later than 24 hours after admission, excluding Saturdays, Sundays and holidays, the respondent must be examined by a psychiatrist, but he or she shall not be the person who executed the first certificate. If no certificate is furnished, the respondent shall be released.

d. Notice of Rights:

Within 12 hours of admission, the recipient must be provided with a copy of the petition and a statement of rights. The server must sign the petition in the area indicated. Within 24 hours, excluding Saturdays, Sundays, and holidays, after admission, a copy of the petition and statement of rights shall be filed and given to the respondent’s attorney or guardian.