Posted on Jul 8, 2016
Can the VA institutionalize me against my will?
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I took a test that showed my depression and anxiety had sky rocketed. Now there are rumblings from the VA of a possible stay at an in-patient clinic. This scares the hell out of me. Can they do that?
Posted >1 y ago
Responses: 17
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No one can institutionalize you against your will without a court order. The police can do it temporarily if there is an immediate threat to safety, but they will still have to get a court order to make it stick.
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SrA Paul Pfeil
SPC George Adkins - I'm Aware Baker Act Is Florida. Every state has a similar law. There is also a federal law that backs each state in involuntary cases. I suggest research. Arkansas and new York call it involuntary
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SPC (Join to see)
I was Baker Acted in Fl. The process went as follows. I was in Veterans court at the time, which was a form of diversion that was overseen primarily by the state VA rep. During this I was required to have monthly probation meetings and court dates where i had to report that I was keeping all my VA appointments and counseling. I missed a VA appointment with psychiatry. VA recommended I do treatment based off the record they had accumulated during this time. I Refused. 2 Weeks later I was served a warrant and placed in Jail under the jurisdiction of VA court.(apparently the VA reached out to my family and didnt like what my family had to say) Placed on ROR into treatment facility.Spent 10 days in jail before a bed opened. Spent 3 Days in a Crisis Stabilization Unit.(these 3 days here was under the baker act). On my 3rd day at CSU I received court orders to treatment. With me being already in the VA court system It wasn't that hard for them to send me to treatment. While I was in CSU I saw tons come in and live within hours because their first sit down with the DOC showed them that they didn't need to be treated. They can hold up to a MAXIMUM of 72 hours under the BAKER act. During this time they can conclude whether to release or push for a court order.
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SPC (Join to see)
Your best bet is to cooperate as much as you can without giving in entirely. The more you fight the more they will want to do it. If anything do the intake EVAL. If you pass you pass. If you dont, you should do it. I am honestly thankful the VA went a little ruff with me.
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I do not truly know and I am sure you can contact the hospital liaison. I have to say, why would you not accept help is they are offering. We hear every day about Vets not being able to get help or treatment-if you need it, get it!
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CSM Darieus ZaGara
I guess I am saying if it was me and I was told that they had these concerns about me, I would hope that my loved ones would encourage me to volunteer. In this day and age their is no negative connotation for Service members to seek help when necessary. We cannot always do it on our own!
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That doesn't sound good and kind of blows but I don't think they can Institutionalize you against your will just because you are depressed. They can recommend it to you but I think the Benchmark is that you are a clear threat to yourself or others and just because you are depressed doesn't make you a threat.
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PO1 William "Chip" Nagel
CPT Joseph K Murdock - A degree of Paranoia I would call a reasonable reaction. Hopefully you can keep yaking with us. I would Miss You Capt'n but if they have some good game plans to help ya, Give it a shot.
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