Mental health hospitalization and your rights

You could be hospitalized for mental health either voluntarily or involuntarily. 

Voluntary admission 

Voluntary admission means you decide to get mental health treatment yourself. It can help you work with your doctors and prevent treatment delays. 

If you want voluntary admission as a mental health patient: 

• You can seek medical help. Your doctor or local hospital can help you understand your options. You can also contact your local ADAMH board to find a hospital or treatment facility near you. You can apply for admission as a mental health patient. You must be 18 or older. If you’re a minor, your parent or guardian can apply on your behalf. 
• The hospital must agree. Someone must agree to admit you, just like any other time you seek care at a hospital. 
• You can ask to leave. You can write a “3-day letter” telling the hospital you want to leave. 
• The hospital has 3 days to decide. The hospital has 3 court days to decide whether or not to let you leave. Court days are Mondays through Fridays, not weekends or holidays. The hospital may decide to let you leave or ask the court to order treatment. 

You also can create a Declaration for Mental Health Treatment to help give you more control over mental health treatment you may need in the future. 

Emergency hospitalization 

You could be taken to the hospital for a mental health evaluation if you are at serious risk of harming yourself or others. This process is called emergency hospitalization, “pink slipping,” a 72-hour hold or a 3-day hold. 

Only certain people can take you for emergency hospitalization. They include: 

• Police officers 
• Psychiatrists 
• Physicians 
• Clinical psychologists 

The person who takes you for treatment should tell you who they are and where they’re taking you. They should be careful not to attract attention from others and explain that: 

• It’s not a criminal arrest. 
• You are being taken for examination by mental health professionals. 

At the hospital: 

• You should be examined within 24 hours. The hospital should give you an exam as soon as it can, but at least within 24 hours. 
• You could be discharged or held up to 3 days. The hospital could decide to discharge you right away, unless the court ordered you to stay. Or the hospital could hold you up to 3 court days. Court days are Mondays through Fridays, not weekends or holidays.  

The time a hospital can keep you is sometimes called a 3-day hold or 72-hour hold. 

During those 3 court days: 

• You could decide to be admitted as a voluntary patient. 
• The hospital could discharge you. 
• The hospital could file an affidavit to start the court process. 

Court-ordered treatment

Your county probate court can order you to receive mental health treatment. This process is called civil commitment.

• Someone files a statement saying you need treatment. Typically, a doctor or a mental health team will file the statement. The statement is called an affidavit. It must explain why you need treatment.
• The court holds a hearing. The court holds a hearing to decide if you need treatment. It considers what options are available, like if there’s an alternative to hospitalization.

You have rights during the process, including:

• Your right to a lawyer. If you can’t afford a lawyer, the court must provide you with one. It could be a public defender or another lawyer.
• Your right to an independent evaluation. You can ask for an outside evaluation.
• Your right to agree to treatment. You can apply for voluntary admission at any time. 

The treatment may include medication or a stay at a facility, but it should be the least restrictive option based on your treatment goals.

Disability Rights Ohio advocates for the rights of people receiving mental health services in Ohio. You can find their information on this page under “Legal Help and Lawyers.”

Visitors 

When you’re hospitalized for mental health treatment, you have the right to decide who can or cannot visit you.

If a friend or family member wants to visit you, they should:

• Contact the hospital first. They should check with the facility to understand the rules for visitation.
• Follow the rules. A mental health hospital may have different rules than other medical facilities. It may have security checks, limited visiting hours or other rules you may not find other places.
• Know you can refuse. Because you have the right to refuse visitors, your friends and family should understand they may not be able to see you even if they come to visit.

Your rights 

You have the right to refuse treatment, unless a court orders it.  

You also have the right to get a written copy of your rights. 

Hospitals must have someone responsible for patients’ rights issues. This person may be called the patient rights advocate, client rights officer or client advocate. You can ask to speak to this person about your rights.

Learn more about your rights as a patient at a psychiatric hospital.