302 Involuntary Evaluation Process - Beaver County

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302
Involuntary
Commitment
What is a 302?
 A 302 petition is a civil warrant authorized by a County
Delegate, Physician, or Police Officer to take an
individual to the nearest emergency room for an
immediate evaluation against his/her will due to
concern of imminent danger.
 A 302 petition guarantees that an individual will receive
an emergency evaluation. It does not guarantee an
admission to an inpatient unit and can be overturned
by the evaluating doctor. A 302 petition does not
expire, but can be voided by the County Delegate.
302 Criteria
 Specific criteria must be met in order for a 302
to be authorized. These include:
 Clear and present danger to others shall be shown
by establishing that within the last 30 days the
person has inflicted or attempted to inflict serious
bodily harm on another and there is reasonable
probability that such conduct will be repeated. A
clear and present danger of harm to others may be
demonstrated by proof that the person has made
threats of harm and has committed acts in
furtherance of the threat to commit harm.
302 Criteria continued:

The person has acted in such a manner as to evidence that he/she would
be unable, without care, supervision and the continued assistance of
others, to satisfy his/her need for nourishment, personal or medical care,
shelter, or self-protection and safety, and that these is reasonable
probability that death, serious bodily injury or serious physical debilitation
would ensue within 30 days unless adequate treatment were afforded
under the act.

The person has attempted suicide and there is reasonable probability of
suicide unless adequate treatment is afforded under this act. For the
purpose of this subsection, a clear and present danger may be
demonstrated by the proof that the person has made threats to commit
suicide and has committed acts which are in furtherance of the threat to
commit suicide.

The person has substantially mutilated himself/herself or attempted to
mutilate himself/herself substantially and that there is the reasonable
probability of mutilation unless adequate treatment is afforded under the
act. A clear and present danger shall be established by proof that the
person had made threats to commit mutilation and has committed acts
which are in furtherance of the threat to commit mutilation.
How to obtain a 302

Anyone who has witnessed the dangerous behaviors first hand
or heard threats directly can petition for a 302.

Potential petitioners can contact Crisis Intervention Services at 724775-5208 ext. 1 to inquire about petitioning a 302 with the County
Delegate.

The County Delegate will review the potential petitioners concerns
and discuss the intervention options.

If the County Delegate authorizes a 302 Transport Without Warrant
due to immediate danger, Medic Rescue will be contacted to
transport the individual to Heritage Valley Beaver ER for evaluation.
The petitioner must follow the ambulance to the Emergency Room at
HVB to fill out the 302 paperwork. If this is not done, the individual
legally has the right to leave the ER without an evaluation.
How to obtain a 302
 A potential petitioner can also come directly to Crisis Intervention
Services 7 days a week from 7am-10pm to inquire about
petitioning a 302. They will meet with a County Delegate and fill
out the 302 paperwork. From 10pm to 7am, potential petitioners
will need to present to HVB ER to fill out 302 paperwork.
 The Delegate will authorize the 302 if criteria are met and sign off
on the 302 petition.
 Once the 302 paperwork is authorized, the petitioner will then
deliver the 302 paperwork directly to local police department who
will serve it. Police will contact Medic Rescue for transport once
the individual is located and secured.
What happens to the individual?

The individual is transported to Heritage Valley Beaver ER where he/she will
be evaluated by a Psychiatric Nurse and a ER Physician. The ER Physician
will determine whether or not the individual is in need of inpatient treatment.
If the individual is intoxicated or under the influence of substances, the
evaluation cannot be given until the individual is below legal limit or no
longer intoxicated.

The individual will be given his/her rights by the ER staff and will have the
opportunity to sign a 201(voluntary admission), if clinically appropriate. If
the individual refuses a 201 and inpatient treatment is needed, then the
individual will be admitted be against his/her will for up to 120 hours.

The ER Physician will evaluate the individual and consult with the attending
Psychiatrist on the Psych Unit as needed. If it is determined that the
individual is in need of inpatient treatment, he/she will be transferred to the
psych unit at HVB or a inpatient unit of his/her choice. If the psych unit is at
capacity the individual will be transported to another psych unit at the
nearest available hospital.
What happens to the Patient?
 The individual can be admitted to the Psychiatric Unit for up to 120
hours on the 302 commitment.
 303 commitment hearings are held Tuesday and Thursday
mornings in which the individual, the 302 petitioner and the
attending psychiatrist will testify in front of the Mental Health
Review Officer to determine if extended treatment is needed. The
individual has the right to legal representation. A public defender
is available if he/she does not have their own legal representation.
 After hearing the individual’s, the petitioner’s and attending
psychiatrist’s testimony, the Mental Health Review Officer will
make the final determination if extended treatment is necessary.
He can extend the individual inpatient treatment for up to an
additional 20 days.
What to consider before seeking a 302?
 What are the criteria for a 302?
 Evidence of Mental Illness
 Current treatment or past history
 Dangerous Behavior
 A Probability of Continuance or Recurrence
 Immediacy of Danger
 What Interventions have you tried?
 De-escalation
 Offering voluntary assessment at Crisis Intervention or ER
 Remove triggers
 Environmental
 Others involved in conflict
 PRNs
PA Mental Health Procedures ACT 147
Inpatient Treatment Process for a Non-consenting Minor (14-17)
 Previously, if a minor (14-17) was unwilling to consent to voluntary
inpatient treatment, an involuntary commitment (302) was needed.
With the law change, however, if a minor does not consent to
inpatient treatment but a parent or legal guardian does consent,
you may proceed with treatment against the minor’s wishes
without resorting to the involuntary commitment process. This
parental consent includes transporting the minor by police or
ambulance to the ER for a psychiatric evaluation.
 If the minor is in need of inpatient psychiatric treatment, but
refuses voluntary admission, an ER Physician must complete an
ACT 147.
 ACT 147 does not need to completed for a minor under the age of
14. A parent can consent for inpatient treatment without their
consent.
 Minor’s (14-17) can still consent to voluntary outpatient or inpatient
treatment without parental consent.
What to consider before seeking a
302?
 Is there a petitioner available that
witnessed the behavior first hand or
heard the threats first hand?
 Is the petitioner able to petition at the ER
or able to go to Crisis Intervention?
 Is the petitioner able to attend the 303
hearing?
What should you do to petition a
302?
 Verify that you have tried all available options
(i.e. PRNs, Verbal De-escalation, remove triggers ect.)
 Report behaviors or threats to your immediate
supervisor or on-call person.
 Contact Crisis Intervention at 724-775-5208
and describe behaviors or threats in detail.
Crisis delegate will decide if 302 criteria are
met and will authorize 302 transport without
warrant or recommend you come to Crisis to fill
out paperwork.
 Contact Crisis Intervention Services 24
hours a day at 724-775-5208 option 1 or
1-800-400-6180 for any questions or
assistance.
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