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West Virginia Motion to Withdraw Application for Involuntary Custody for Mental Health Examination

State:
West Virginia
Control #:
WV-SKU-0333
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PDF
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Description

Motion to Withdraw Application for Involuntary Custody for Mental Health Examination

West Virginia Motion to Withdraw Application for Involuntary Custody for Mental Health Examination is a legal document used by an individual in the state of West Virginia to withdraw their application for involuntary custody for mental health examination. This type of motion is typically used when an individual is seeking to be released from mental health examination or involuntary custody before the mandated period of time. There are two types of West Virginia Motion to Withdraw Application for Involuntary Custody for Mental Health Examination: voluntary and involuntary. The voluntary motion is the one initiated by the individual and is used to request that the court or other authority grant a release from mental health examination. The involuntary motion is initiated by another party and is used to request that the court or other authority take action to deny the individual's request for release from mental health examination. Both types of motions require a detailed explanation of the reasons for the individual's request for release from mental health examination and must be filed with the appropriate court.

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FAQ

If the court determines that there is probable cause, a person can be admitted to a mental health facility and an examination must take place within 5 days. If the examining physician determines that the person is a threat to themselves or others, a final commitment hearing must be instituted within 15 days.

The authorized staff physician shall sign a statement attesting to his or her decision that the patient presents a harm to himself, herself or others and needs to be held involuntarily for up to 72 hours.

For this reason, Florida allows for people to be placed under the care of medical professionals for what many people refer to as a 72-hour psych hold. This temporary arrangement for involuntary hospitalization is meant to help identify whether or not a person needs further treatment.

Complete the form: . File with the circuit court, magistrate court, or a mental hygiene commissioner in he county where the individual to be examined resides or in which he or she may be found.

In California, a person can be placed on an involuntary psychiatric hold, or 5150, if, due to a mental illness, they are determined to pose a danger to themselves (DTS) or others (DTO), or if they are ?gravely disabled? (GD), meaning they cannot provide for their own food, clothing, or shelter.

More info

INV 8, Motion to Withdraw Application for Involuntary Custody for Mental Health Examination, Applicant. Download Motion to Withdraw Application for Involuntary Custody for Mental Health Examination (INV 8) – West Virginia Judiciary (West Virginia) form.Purpose: Involuntary Emergency Examination and Treatment. General Requirements: Severe mental disability based upon clear and present danger to self or others. When that happens, the individual will be free to leave the hospital. This affidavit shall serve as proof of the completion of this training, and is valid for four years from the date on the affidavit. General District Court Mental Health (Adult) and Other Civil Forms. Each community mental health must establish a pre-admission screening unit. 229.10. Physicians' or mental health professionals' examination — report. 229.11. Judge may order immediate custody. 229.12.

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West Virginia Motion to Withdraw Application for Involuntary Custody for Mental Health Examination