72-Hour Holds Misused?

December 2, 2009

By Jennifer Moore, Family Law Attorney.

The Police Authority to Detain Individuals

In Minnesota, police have the authority to detain an individual for 72 hours if they are believed to be a threat to themselves or others. Hospitals comply with these administrative holds, because they bring in significant revenue.

Children, Teenagers, and the Handicapped

These holds are often used in cases of domestic violence involving unstable adults or teenagers, but can also be imposed upon disabled children and adults. As the step-mother of a child with disabilities, it has sometimes been difficult to orchestrate the placement of services in a way that protect caregivers as well as my step-son’s freedoms.

As a Family Law Attorney…

As a family law attorney, I have seen 72-hour holds used in cases of domestic violence. The consequences of such a hold is fairly dramatic. Jobs can be lost, relationships with children interrupted, and the “patient” put on a path of treatment and therapy that may preclude the family from a timely resolution of their separation and/or divorce. Sometimes, the danger to the family is obvious; sometimes not. It would be nice to think that authorities would not abuse this process.

Read more in the Star Tribune article, Paramedic: Cops abuse law to detain people.

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