What is the standard for an application for admission under Section 12(a)?
The standard is whether the individual would "create a likelihood of serious harm by
reason of mental illness."
"Likelihood of serious harm" means one of three things:
• The person poses a substantial risk of physical harm to him/herself as
manifested by evidence, threats of, or attempts at suicide or serious
bodily injury; or
• The person poses a substantial risk of physical harm to others as
evidenced by homicidal or violent behavior or evidence that others are
in reasonable fear of violent behavior and serious physical harm from
that person; or
• The person’s judgment is so affected that there is a very substantial
risk that the person cannot protect himself or herself from physical
impairment or injury, and no reasonable provision to protect against
this risk is available in the community.
What if examination is not possible?
If an examination of the individual is not possible because of the emergency nature of the
case and because the person refuses to consent to such examination, then a doctor,
qualified psychologist, licensed independent clinical social worker, or psychiatric nurse can
sign the Application for an Authorization of Temporary Involuntary Hospitalization.
This provision may mean that the person signing the application has not seen the individual
subject to the application. The clinician may rely instead on whatever “facts and
circumstances” have come to his or her attention. If none of those four medical
professionals is available, then a police officer is allowed to make the application. Since
the law does not say what "facts or circumstances" might be considered relevant, a mental
health clinician may have considerable leeway in making the decision. For example, a
clinician might rely on facts learned from a 911 call from another person or from a family
member’s call to a doctor giving his or her version of the events.