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Emergency Admission for Mental Health


Manhattan

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Hello All,

In June of 2020 it will have been 5 years since my hospital stay for mental health. Certainly, I am going to apply for my FOID card at that time and my doctor will sign off on it.

What concerns me though, is that, according to the ISP, my stay was considered "Involuntary." When I was admitted, it was done as an emergency admission, and a petition was filed with 1 certificate of examination attached.

So, it wasn't a court that considered me involuntary, but the fact that I was brought to the hospital and admitted as an Emergency inpatient admission by certificate. At the hospital, I also got a form saying that I was admitted voluntarily.

So, what the heck can I expect from this? If indeed the ISP considers this a "Commitment" then there is a process to appeal for my firearm rights, but it is much more lengthy than having a doctor sign off. What do you believe is the course of action I will need to take?

 

 

Extra info: I have no criminal background at all. No arrests, no charges, no convictions. Just this^.

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The ISP told me to refer to this to appeal. THIS looks as though I only need the doctor's approval after 5 years:




http://www.ilga.gov/commission/jcar/admincode/020/020012300000700R.html



B) Commitment to a Mental Health Facility



1) An individual whose application for a FOID Card is denied or whose FOID Card is revoked for a commitment to a mental health facility may petition the Department for relief.



2) Individuals who wish to request relief from the Department shall provide written notice of this intention to the Firearms Services Bureau, Appeals Unit within 60 days after receipt of the notice that their FOID application is denied or their FOID Card is revoked to begin the appeal process.



3) The petitioner must provide to the Department the following documentation:



A) a signed, dated and notarized statement from the petitioner detailing any and all facts and circumstances requested by the Department surrounding the admission;



B) two signed, dated and notarized statements from adults who are aware of the circumstances regarding the revocation or denial of the FOID Card, detailing their opinion as to the individual's suitability to possess firearms and the individual's current mental state;



C) a current forensic evaluation or letter from a psychiatrist, all psychiatric and counseling records from the past five years, and any and all court records that may apply; and



D) any other reasonable documentation requested by the Department related to the determination for granting relief.



4) If it is established by a preponderance of the evidence that the person will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, the Director or his or her designee may grant relief. (Section 10(a) of the Act)



5) If relief is denied by both the Director and through an administrative hearing, in order to be eligible for a FOID Card once five years have passed since the admission, the applicant must have received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5] and received a certification that he or she is not a clear and present danger to himself or herself or others.


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Hello All,

 

In June of 2020 it will have been 5 years since my hospital stay for mental health. Certainly, I am going to apply for my FOID card at that time and my doctor will sign off on it.

 

What concerns me though, is that, according to the ISP, my stay was considered "Involuntary." When I was admitted, it was done as an emergency admission, and a petition was filed with 1 certificate of examination attached.

 

So, it wasn't a court that considered me involuntary, but the fact that I was brought to the hospital and admitted as an Emergency inpatient admission by certificate. At the hospital, I also got a form saying that I was admitted voluntarily.

 

So, what the heck can I expect from this? If indeed the ISP considers this a "Commitment" then there is a process to appeal for my firearm rights, but it is much more lengthy than having a doctor sign off. What do you believe is the course of action I will need to take?

 

 

Extra info: I have no criminal background at all. No arrests, no charges, no convictions. Just this^.

 

 

Unfortunately this is something you should have immediately challenged the moment you were released. Bringing someone to the hospital initially with an involuntary admission, emergency by certificate, and then coercively tricking someone to sign a voluntary admission unfortunately gets them off the hook. Yet it's very suspcious because it was never truly voluntary, it is also borderline illegal. If you had signed neither form, you could have easily challenged this.

 

This very important, to remember for the future: Whenever you are in the hospital, you have the right to refuse to sign anything. Also if you do not fully understand or agree with what you are asked to sign, you need to also refuse. You need to read through everything you are given, and if need be more than once. Don't let them rush you to sign anything.

 

Personally my advice, is to never sign a voluntary admission. If it's voluntary, you're likely better off with outpatient treatment. In the past two months in my research, I have heard of so many more forced voluntary admissions, than those that are in fact truly voluntary.

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The records that ISP goes by most likely rely on how the hospital or treating physician reports it in the system. Emergency admissions fall into a weird gray area, where someone is brought in to be evaluated, most cases involuntarily, but the final determination is going to come after evaluation. Eventually it should reach the point where the person is (1) released (within either 24 or 48 hours) (2) after the initial holding period either receives further treatment and/or voluntarily agrees to more treatment, or (3) goes through the Court process and is involuntarily admitted by the Court. Category 2 is sometimes even less clear, as some people are held and evaluated/treated, then released before a Court order is entered. Its that latter (3) that qualifies for the Federal definition of involuntary admission. If there was no Court order in your case, I would definitely appeal it to get it clarified.
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