The phrase “a 302 in mental health” refers to the legal process for an involuntary emergency mental health commitment, primarily governed by the Pennsylvania Mental Health Procedures Act (MHPA). This temporary, non-consensual hold permits an individual to be transported to a hospital for a psychiatric evaluation. It is intended only for situations where a person experiencing a mental health crisis poses an immediate and serious risk to themselves or others. The purpose of the 302 is to secure an immediate, professional assessment to determine if continued involuntary treatment is necessary.
Defining the Legal Criteria for Emergency Commitment
The law specifies narrow criteria for a 302 to be legally justified, focusing on “clear and present danger.” This standard requires evidence of imminent risk, meaning the person’s behavior indicates they are likely to cause serious harm soon. The commitment is based on a severe mental disability that manifests in specific dangerous actions, not just a general diagnosis of mental illness.
Danger to self is demonstrated by evidence of attempted suicide or explicit threats coupled with acts in furtherance of that threat, all within the previous 30 days. This also includes self-mutilation or threats accompanied by an act to carry out the threat. Danger to self also includes the inability to care for basic needs (nourishment, medical care, or shelter) to the degree that death or serious physical harm would likely occur within 30 days without intervention.
Danger to others is established by showing the individual has inflicted or attempted to inflict serious bodily harm on another person within the last 30 days. Threats of serious bodily harm must also be accompanied by acts demonstrating an intent to carry out the threat. All legal criteria require factual, observable behavior directly linked to the individual’s mental condition.
Initiating the 302 Process
The 302 process begins with a petitioner who has first-hand knowledge of the dangerous behavior. This person, who can be a family member or concerned citizen, must file a formal application with the County Mental Health Delegate. The delegate reviews the petition to ensure the behavior meets the “clear and present danger” criteria and, if satisfied, issues a warrant for an emergency examination.
In urgent situations, certain professionals can initiate an emergency examination without a prior warrant. A police officer or a physician who directly observes the dangerous behavior can take the individual into custody for transport to an approved facility, allowing for rapid intervention.
The petition must provide factual evidence of the observed behaviors, not merely opinion or speculation. Law enforcement typically transports the individual safely to a designated psychiatric facility or hospital emergency room, marking the beginning of the evaluation period.
The Emergency Detention and Evaluation Period
Once the individual arrives at an approved facility, the emergency detention and evaluation period begins. The individual can be held for a maximum of 120 hours (five days) for a psychiatric assessment. This time limit is a legal safeguard balancing safety with the individual’s right to liberty.
A physician must conduct a formal psychiatric examination, often within two hours of arrival. The physician determines whether the person meets the legal criteria for continued involuntary treatment based on their current mental state and behavior. They must document their findings in detail, connecting the mental disability to the observed dangerousness.
Following the evaluation, there are two primary outcomes. If the physician determines the individual no longer meets the “clear and present danger” criteria, the person must be released from the involuntary hold. If the criteria for involuntary treatment are still met, the facility must file a petition for an extension, transitioning the case from a 302 to the next legal phase.
Patient Rights and Subsequent Treatment Options
During the emergency 302 hold, the individual retains several legal rights, which must be communicated upon admission. These rights include notifying family members of their location and the right to refuse non-emergency treatment, such as medication, unless a physician determines the treatment is necessary to protect the individual or others during an emergency.
If treatment is required beyond the initial 120-hour period, the facility must seek an extension under Section 303 of the MHPA. A 303 commitment allows for extended involuntary treatment, typically up to 20 days, but requires a formal court hearing with legal representation provided to the patient. This hearing ensures legal oversight and due process.
For longer-term care, the facility may petition for a Section 304 commitment (up to 90 days) or a Section 305 commitment (up to 180 days). These subsequent commitments also require court hearings and provide continuity of care while maintaining strict legal oversight.