In New Jersey, If the State Fails to Obtain a Screening Document to Support Temporary Commitment, What Are the Remedies Available to the Individual Being Held in Confinement Against Their Will?
If New Jersey fails to obtain a required screening document to support a temporary commitment, the individual being held must be discharged – continued confinement is not legally permitted. Specifically, a facility cannot detain a person for more than 72 hours from the time the screening certificate is completed unless an order of temporary commitment is obtained from the court; otherwise, the individual must be released individually.
If the screening service procedure is not used, no involuntary commitment can occur before a court issues a temporary commitment order based on the proper supporting certificates. If someone is confined without these legal prerequisites, they may have grounds to challenge their detention as unlawful and potentially pursue a claim for false imprisonment.
In summary:
- The remedy is immediate discharge if the required screening documentation or court order is missing after the statutory time limit.
- The individual may also seek legal recourse for unlawful confinement, such as a civil lawsuit for false imprisonment.
To discuss your NJ Involuntary Civil Commitment matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Mental Health and Involuntary Commitment Attorney