Mental Health Lawyer in Weld County
The Difference Between a Welfare Check and a 72 Hour Emergency Mental Health Hold

If during a Welfare Check or an alleged criminal act you are placed in a 72 Hour Mental Health Hold, contact mental health lawyers at the O'Malley Law Office call 970-616-6009.

In Weld County, the state of someone’s Mental Health and whether they are a danger to themselves or others, can have the Weld County Sheriff knocking on their door. Often, this is associated with an alleged criminal charge that the police are already responding to. If this has happened, it is important to call an experienced criminal lawyer who can help you navigate the legal system. Let’s  look at what is a Welfare Check and what is a 72 Hour Emergency Mental Health Hold.

In Greeley, Colorado What is a Mental Health Welfare Check?

In Greeley, Colorado, a Welfare Check is when the police are notified that a person has displayed abnormal behavior and officers are asked to go to their location to determine whether they think the person is a danger to themselves or others. A welfare check can be requested by a therapist, relative, roommate or friend who has a concern. When the police conduct the welfare check, they will make their assessment of the person’s condition and behavior. They will look at the observations of the reporting party and others, along with what they themselves see and hear. Their job is to make a decision on whether the person needs to be evaluated by a professional or is an immediate danger to themselves or others.

What is a 72 Hour Emergency Mental Health Hold in Weld County C.R.S. 27-65-105?

In Weld County, a 72 Hour Emergency Mental Health Hold falls under C.R.S. 27-65-105.  The law states as follows:

(1) Emergency procedure may be invoked under either one of the following two conditions:

(a) (I) When any person appears to have a mental illness and, as a result of such mental illness, appears to be an imminent danger to others or to himself or herself or appears to be gravely disabled, then a person specified in subparagraph (II) of this paragraph (a), each of whom is referred to in this section as the “intervening professional”, upon probable cause and with such assistance as may be required, may take the person into custody, or cause the person to be taken into custody, and placed in a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation.

Simply put, it means that a police officer (or a certified professional) can assess a person’s mental state and if the person is determined to be a danger to themselves or others they will be placed in a 72 Hour Emergency Mental Health hold in an appropriate facility.

The Second Way a Seventy-Two Hour Mental Health Hold can be Imposed in Greeley

The second lawful way police can put someone into a mental health hospital against their will, is if this part B of the law is met:

When any person appears to have a mental health disorder and, as a result of such mental health disorder, is in need of immediate evaluation for treatment in order to prevent physical or psychiatric harm to others or to himself or herself, then an intervening professional, as specified in subsection (1)(a)(II) of this section, upon probable cause and with such assistance as may be required, may immediately transport the person to an outpatient mental health facility or other clinically appropriate facility designated or approved by the executive director. If such a facility is not available, the person may be taken to an emergency medical services facility
  Colo. Rev. Stat. § 27-65-105 Emergency procedure.

In Greeley, Colorado What Happens if You are Placed in a 72 Hour Emergency Mental Health Hold?

In Greeley, Colorado, if it is deemed that a 72 Hour Emergency Mental Health Hold is necessary, a person will be taken to a lock-down mental health facility and be evaluated. While being evaluated and stabilized during the 72 hours, a person’s therapist and doctor will conduct their own evaluation of the individual with the assistance of family and friends, who will be contacted and interviewed. After the 72 Hour Emergency Mental Health Hold a person will be released to voluntary out-patient treatment care or if this 72-hour hold is placed after an alleged criminal act, the police may take the person to jail.

If during a Welfare Check or an alleged criminal act you are placed in a 72 Hour Mental Health Hold, contact experienced mental health lawyers at the O’Malley Law Office. Let us do the talking for you. Call 970-616-6009. Together, we can protect your future.

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