A “1013” refers to a formal legal mechanism used to initiate an involuntary psychiatric evaluation for an individual in a severe mental health crisis. This process is a temporary hold that authorizes the transport and examination of a person deemed unable or unwilling to seek treatment voluntarily. The core purpose of the 1013 is to ensure immediate safety and provide a structured emergency assessment in a secure facility. It is a legal authorization designed to bring an individual in crisis to professional care for an objective, time-sensitive evaluation, not a final commitment or diagnosis.
The Legal Context of a 1013 Order
The term “1013” is derived from the specific form number used in the state of Georgia. This process is governed by the state’s mental health code, O.C.G.A. § 37-3-41, which provides the legal authority for a temporary hold and transport to an Emergency Receiving Facility (ERF). The form is officially known as a Certificate Authorizing Transport and Evaluation.
This certificate is not issued by a judge but can be completed by qualified professionals, including a physician, psychologist, or licensed clinical social worker. The professional must certify that they personally examined the individual within the previous 48 hours and found a need for involuntary treatment. The 1013 establishes a clear legal basis for the individual’s temporary loss of liberty for the sake of safety and evaluation, differentiating it from a standard voluntary admission.
Criteria for Involuntary Evaluation
To legally initiate a 1013, the individual’s condition must meet criteria demonstrating an immediate and present danger due to a suspected mental illness. The primary legal standard is the presence of a substantial risk of imminent harm to the person themselves, often manifested as suicidal ideation or planning. This risk must be supported by recent actions, threats, or behaviors observed by the initiating professional.
The criteria also extend to an imminent danger to others, evidenced by recent overt acts or expressed threats of violence. A third standard allows for a 1013 if the person is so severely impaired by mental illness that they are unable to care for their own physical health and safety, creating a life-endangering crisis. The criteria must be linked to a mental illness; substance use disorder alone is generally addressed through a separate legal mechanism (Form 2013).
Navigating the Hospital Process and Time Limits
Once the 1013 certificate is executed, the individual is transported by law enforcement or emergency medical services to a designated Emergency Receiving Facility (ERF). This is typically a hospital with a psychiatric unit. Upon arrival, the individual is placed under a hold for an urgent assessment by the facility’s psychiatric staff, which is legally mandated to last for up to 48 hours from the time of arrival.
During this period, the patient’s rights are maintained while a comprehensive psychiatric evaluation is conducted by an evaluating physician or psychiatrist. This professional determines whether the patient continues to meet the criteria for involuntary treatment. The 48-hour window is used for stabilization, observation, and formal assessment. If the facility determines that the patient requires further evaluation beyond the initial period, they must complete an additional certificate, Form 1014, within the 48-hour timeframe.
Potential Dispositions Following Evaluation
At the conclusion of the evaluation period, the evaluating psychiatrist must determine one of three possible outcomes.
Full Release
A full release occurs if the individual no longer meets the legal criteria for involuntary treatment or if their condition has stabilized sufficiently. The facility then discharges the patient with recommendations for follow-up care.
Voluntary Admission
The second possibility is a conversion to voluntary admission. This happens when the patient agrees to continue treatment after the evaluation, willingly consenting to an inpatient stay.
Extended Involuntary Commitment
The third potential disposition is a petition for extended involuntary commitment. This is initiated if the evaluating physician determines the patient still meets the criteria for involuntary treatment. The facility must petition the probate court for a hearing to secure a court order for a longer-term hold, which can last for up to six months.