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What is my legal responsibility to an adult child suffering form traumatic brain injury and refusing treatment?
Anonymous2 views3 answers
I have a 23 year old daughter who has been diagnosed with bipolar disorder. She suffered from a fall over a month ago and spent the entire time in a hospital setting. They released her to her father to transport her to a long term in patient rehabilitation center and when they arrived she refused treatment. The facility told him that he had to take her back home with him or they would call the police and report abandonment. After they arrived home she is defiant, out of control and threatening the family with harm. She is trying to leave his house now, but he was told that he could thrown in jail if he lets her leave. I am concerned for her safety and the safety of others in the household. Can he be held liable for her safety? Di we have any options here?
I recommend that you contact an attorney who can assist you with an involuntary commitment process. You may find this website helpful: http://www.mhmraharris.org/Court-Ordered-Involuntary-Mental-Health-Services.asp.
It is very hard for me to imagine a circumstance where your husband would be charged with a crime for not physically preventing his adult, mentally ill daughter from leaving his home. To the contrary, I think there's probably a better chance of him being charged with a crime if he prevented her from LEAVING.
If she is threatening physical harm to other family members, she needs help that you and your husband are not able to provide. Houston Police Department has officer who are Crisis Intervention Team members; they have special training dealing with people with mental illness.
Reach out to them and see if they can help: http://www.houstoncit.org/
I'd like to know who "They" are who told your husband he could be put in jail for letting her leave. I've handled several involuntary commitment cases. The key point is proving the 'proposed patient' is a danger to themselves or others in the event they go untreated. They may also have a 'med petition' when the proposed patient refuses medication. This is a strong possibility since this is the first Involuntary Commitment. Private hospitals often refuse to keep mentally ill patients against their will.
