Missouri Mental Evaluation Laws

Unlike many other states, Missouri law allows for civil involuntary detention. Any adult can request that a person be detained by peace officers to receive a 96 hour mental health evaluation. The adult completes the application, submits the affidavit and presents a list of witnesses to the probate court. Under oath, the adult states the individual suffers from a mental disorder and presents a danger either to himself or to the community.

Presenting a Clear Danger

• The reporting adult testifies that an individual presents a danger. Missouri law goes beyond mere physical danger. A verbal threat presents a danger to the person that hears it. Due to his mental illness, an individual may not be able to work, keep shelter, provide food or carry out proper hygiene. These constitute serious physical harm to himself. A history of similar past behavior can also meet the "present a physical danger" clause. The court issues a warrant authorizing the police to detain and transfer the person to a mental health facility.

The first 24 in the Facility

• Within three hours of arrival at a facility, an individual must receive a copy of the application for involuntary commitment, notice of admission, notice of rights and the name of the lawyer who will represent him. He must also be examined by either a mental health professional or registered nurse within this period. A licensed physician must examine the individual within 18 hours. The facility has to sign and submit the relevant paperwork to the court within 24 hours. Copies are also given to the individual's lawyer, the probate court, the individual and the Department of Mental Health's Central Office.

The Evaluation Period

• The evaluation period can be longer than 96 hours if an individual is admitted either on a holiday or over a weekend. After this period, the attending physician and the physician's treatment team will evaluate the person's case. If they decide that more time is needed, they can request a court hearing. An individual's evaluation can be extended for 21 days, 90 days or one year. After the period of mental health treatment, the physician treatment team can set conditions for outpatient care. If the evaluated individual does not keep these conditions, he can be returned to a mental health facility.

Detainee Rights

• Detained individuals must receive a copy Missouri's "Civil Detention Information For Persons Detained to Mental Health Facilities and Programs" within 96 hours. After the initial evaluation, the individual's lawyer will represent him at the court hearing. A judge will hear both sides of the argument for additional treatment before rendering a verdict.