If there is an alleged criminal act and a person’s Mental Health is in question, then you will want an experienced Weld County Lawyer to navigate the Weld County Court system. If a person seems to be a danger to others or to themselves, then they can be placed on a 72 Hour Emergency Mental Health Hold. Below, the O’Malley Law Office lawyers will discuss these 4 Mental Health M-1 Holds facts:
#1. What is the Greeley, Colorado Legal Definition of the C.R.S. 27-65-105 Mental Health Hold?
In Greeley, the legal definition of a Mental Health Hold under C.R.S. 27-65-105 is:
(a)(I) When any person appears to have a mental health disorder and, as a result of such mental health disorder, appears to be an imminent danger to others or to himself or herself or appears to be gravely disabled, then an intervening professional, as specified in subsection (1)(a)(II) of this section, upon probable cause and with such assistance as may be required, may take the person into custody, or cause the person to be taken into custody, and placed in a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation. If such a facility is not available, the person may be taken to an emergency medical services facility.
(I.5) When any person appears to have a mental health disorder and, as a result of such mental health disorder, is in need of immediate evaluation for treatment in order to prevent physical or psychiatric harm to others or to himself or herself, then an intervening professional, as specified in subsection (1)(a)(II) of this section, upon probable cause and with such assistance as may be required, may immediately transport the person to an outpatient mental health facility or other clinically appropriate facility designated or approved by the executive director. If such a facility is not available, the person may be taken to an emergency medical services facility.
(II) The following persons may act as intervening professionals to effect a seventy-two-hour hold, as provided in subsections (1)(a)(I) and (1)(a)(I.5) of this section:
(A) A certified peace officer;
(B) A professional person;
(C) A registered professional nurse as defined in section 12-255-104 (11) who by reason of postgraduate education and additional nursing preparation has gained knowledge, judgment, and skill in psychiatric or mental health nursing;
(D) A licensed marriage and family therapist, licensed professional counselor, or addiction counselor licensed under part 5, 6, or 8 of article 245 of title 12 who, by reason of postgraduate education and additional preparation, has gained knowledge, judgment, and skill in psychiatric or clinical mental health therapy, forensic psychotherapy, or the evaluation of mental health disorders; or
(E) A licensed clinical social worker licensed under the provisions of part 4 of article 245 of title 12.
#2. What Happens if You are Placed on a 72 Hour Hold Law / Mental Health Hold in Weld County?
If you are placed in custody on Colorado’s 72 Hour Hold Law / Mental Health Hold in Weld County, you can expect a few things to happen. First, you will be taken to a lock-down mental health facility and be evaluated. Then, you will stay in the facility where you will be evaluated by a doctor or therapist. It is also possible that family and friends will be involved in the evaluation to get a sense of your mental state and behavior. Lastly, at the end of the 72-hour period, you will either be released to outpatient therapy or if there was a criminal charge involved, you could be taken to jail. In some cases involving a continuing need to provide you with care, the mental health facility can seek a court’s review of their decision to keep you locked up for your safety or the safety of others.
#3. What is the Difference Between a Mental Health M-1 Hold and a Welfare Check in Eaton and Windsor, Colorado?
In Eaton and Windsor, a Welfare Check can sometimes lead to a Mental Health M-1 Hold, but they are different. A Mental Health M-1 Hold (also known as the 72 Hour Hold Law) is when a person is deemed to be a danger to themselves or others and are placed in a lock-down mental health facility to be evaluated. A Welfare check is when family, friends, or therapist are concerned and ask the police to check on the person. During a Welfare Check, if the police determine that the person in question could be a harm to themselves or others, this could then lead to the involuntary 72 Hour Hold.
#4. How Can a Criminal Defense Attorney Assist in a 72 Hour Mental Health Hold in Weld County?
At the end of a 72 Hour Mental Health Hold, if the treating physician decides that further involuntary treatment is necessary, then a court hearing will need to take place. You have the right to have an attorney at the “Certification Hearing.” At this hearing, the treating physician must prove that more treatment is needed and that you are a further threat to yourself or others. Having an experienced Mental Health attorney to fight for your rights and future is important.
If during an alleged criminal act or a Welfare Check you are placed in a 72 Hour Mental Health Hold, contact the experienced mental health lawyers at the O’Malley Law Office. Let us fight for you. We are available to assist persons connected with criminal activity who are placed on a 72 Hour Mental Health Hold. Call 970-616-6009. Together, we can protect your future.
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