It should be noted that the content of this brochure is for information purposes only and has no legal value.
“If there are serious grounds for believing that a person presents a danger to himself or to others by reason of his mental state, the court may, on the application of a physician or of an interested person, order that he be temporarily detained in a health or social services institution, notwithstanding the absence of consent, to undergo a psychiatric examination.”To better understand the application of this law: First of all, you should know that this is an exception law and can only be used if the following conditions are present:
- your loved one refuses to consult
- his or her mental state presents elements of danger to him or herself or to others.
Frequently asked questions
No. There is no fee charged for accompanying the application.
However, a bailiff's fee may be charged if the judge requests that the application be served on your loved one and/or the responding party.
The costs are usually covered by the HHSC.
Yes. If the judge feels that the level of dangerousness is not sufficient, has not been sufficiently demonstrated or lacks information the judge may not issue an order. Hence the importance of being well prepared and gathering as many facts related to the situation as possible.
Yes, as soon as you again observe evidence that your loved one's mental condition presents a danger to him or herself or others.
In recent years, Msss has discontinued the sectorization of mental health services. However, it is preferable to choose the Hospital Center closest to your home that has a psychiatric unit or the Hospital Center where your loved one is already being followed.
NO! The request is only for a psychiatric evaluation. Only when the evaluations by two psychiatrists conclude that he or she is dangerous to himself or herself or others and your loved one refuses to be hospitalized will the hospital center forward a request for institutional care to the court.
This order does not require your loved one to accept care. This means that your loved one can refuse any treatment. A treatment order can only be requested by a psychiatrist.
Be available to give more information to the psychiatrist so that he or she can better conduct the assessment. It is important to ensure that the psychiatrist has contact information for you.
No, it is even suggested that you ask the nurse to find out if it is a good time for a visit.
As long as the level of dangerousness is present to themselves or others your loved one will be required to remain hospitalized.
Non, à cause de la loi sur la confidentialité et surtout si votre proche refuse de donner son autorisation. En revanche, il vous est possible de communiquer verbalement ou par écrit avec le psychiatre pour lui transmettre de l’information que vous détenez.
Une demande d'évaluation n'aboutira pas nécessairement à un diagnostic mais l'évaljuation de la dangerosité sera faite.
Yes, be aware that you are never obligated to take your loved one back into your home unless you live in their home.
On the other hand, it is important to let the care team know of your intention as soon as possible so that the psychiatry department worker can be notified and begin the appropriate steps with your loved one.
Probably not. Although it may happen, it's more likely that your loved one will notify you of their leave.
No. This entire process is done in civil court and has no criminal consequences.