Legal Question in Health Care Law in Pennsylvania

my son was 302ed in pa weds nite. The facility will not release him. He is 18 yrs old. Please tell me my rights


Asked on 11/06/11, 3:27 pm

1 Answer from Attorneys

Michael Duffy Duffy Law, LLC

He may be held no longer than 120 hours on a 302. The medical professionals will determine if the treatment is sufficient for release prior to that time. If they determine that additional treatment is required, there will be a 303 hearing to extend the treatment beyond the initial 120 hours. The treating psychologist will testify as to the need for treatment, and the petitioner will testify as to dangerous conduct alleged in the 302. If you don't have a lawyer, a public defender will be appointed for the consumer (your son). If it's determined additional treatment is required, the consumer can be committed for treatment up to 20 days, with the potential for additional hearings and treatment beyond depending on the need as determined by the medical professionals.

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Answered on 11/07/11, 9:03 am


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