[1] www.courts.maine.gov/courts/sjc/lawcourt/2021/21me006.pdf The first section of this form is completed and signed by the person who wants to make a „blue book” for a person. [2] The second section is completed and signed by a physician who certifies that he or she has examined the person and believes that the person meets the legal criteria for involuntary emergency admission to a psychiatric hospital. Like all states, Maine has civil obligation laws that establish criteria for determining when involuntary treatment is appropriate for people with serious mental illness who cannot seek care voluntarily. Maine laws allow the use of court-ordered treatment in the community, known as outpatient treatment (AOT). The court interpreted the law as not requiring immediate release after 120 hours, but also did not allow the Blue Book trial to continue over and over again without seeking judicial confirmation. Although the law states that a blue book allows two consecutive 48-hour detention periods after those first 24 hours, the judges said the law allows hospitals to „start over” the process as long as they receive judicial approval and prove that the patient remains at risk of harm. In March 2021, the state of Maine changed its „blue paper” forms, which hospitals must now use. [4] One of the amendments requires that any „Blue Book” application submitted to the bailiff be accompanied by all immediately preceding „Blue Book” requests for the proposed patient. Helping Your Loved Ones in Maine: The more you know about your state`s laws and treatment options for a psychiatric emergency, the better prepared you`ll be to respond as effectively as possible. These resources help: The process used is described on a one-page application form created by the State of Maine, commonly referred to as „blue”.

The hospital`s emergency department detained A.S. for 30 days under this legislation and completed 16 blue books, but never received Part 3 „Judicial Review and Approval.” They argued that they were unable to do so because they could not find a psychiatric hospital that would house A.S., so they were not able to fill the gap with the name of a psychiatric hospital to which the bailiff could authorize the transfer. Department of Health spokeswoman Jackie Farwell confirmed this week that the Office of Behavioral Health is updating its involuntary engagement process, often referred to as the „blue book,” to clarify things and reflect the new precedent. Details are still being worked out. Once there, hospital officials requested involuntary emergency admission to a psychiatric hospital, better known as the Blue Book, because they believed it posed a risk to themselves or others. The application stated that he had been diagnosed with post-traumatic stress disorder and bipolar schizoaffective disorder. He threatened to burn down his home and had a history of suicide attempts, they wrote. [4] www.maine.gov/dhhs/samhs/mentalhealth/rights-legal/involuntary/forms.html Yes, if a person believes they are being held in an emergency room in violation of the law, they can file a „habeas corpus application.” After 18 days, the patient filed a so-called habeas corpus application requesting his release. His argument was that the hospital had never received judicial authorization to detain him and that the hospital had never provided clear and convincing evidence that he should be detained. The hospital, meanwhile, said it was „not obliged to file requests for involuntary emergency admission with a bailiff until it has found a psychiatric hospital willing to admit the patient.” Success. Please wait for the page to reload. If the page doesn`t reload within 5 seconds, refresh it.

„We welcome the increased focus,” he said. „We just didn`t have a mechanism until now.” Use the form below to reset your password. If you sent your account email address, we`ll send you an email with a reset code. (SOURCE: MORE MENTALLY ILL PEOPLE ARE IN PRISONS AND PRISONS THAN IN HOSPITALS: A SURVEY OF STATES, Treatment Advocacy Center, 2010) Burbank said she was curious to see how the state was addressing the bigger issues, but she was pleased that the court is offering patients like her client stronger protection to seek their release. Without this judicial review, there would likely be no official record of the involuntary obligation. In the case of Burbank clients, Damariscotta Hospital initiated the involuntary commitment process 16 times in less than a month, but never filed anything with the court. Please check your email to confirm and complete your registration.