Missing Friend, possible involuntary commitment, HIPAA preventing discovery

[JamesGrey]

What is the name of your state (only U.S. law)?
I live in New Hampshire.

My friend showed up at my house 1 month ago telling me he had been arrested for a DWI while sleeping in his car. His narrative goes like this;

Asleep in his car in Massachusetts
Cops wake him up
Force him out of his vehicle
Force him to take a field sobriety test
Friend is trying to talk to them
They arrest him
Take him to a hospital
Force him to get a blood test
Find trace amounts of cannabis
Force him to be held under psychiatric care in the mental health wing of the hospital
Give him court date for DWI
Release him after a few days


My friend came to my house telling me all this and was very distressed, saying that he felt like he was attacked by law enforcement and that someone was trying to ruin his reputation with libellous slander (apparently the place he had been working at, some pizza shop, had been replying to everyone who he sent his resume to once leaving there that he was schizophrenic, insane etc; he quit of his own volition and was not fired, by his word). Someone had also been spreading rumors that he was attempting to commit arson, burn down a large apartment complex and wanted to kill people.

He said he felt like these people were organized crime and trying to make him disappear. This sounds crazy to me, most of it does but I am also worried for my friend.

I have not heard from him since he came to my house. I texted his # a few days after he was supposed to have his DWI hearing asking him how it went and got a "who is this?", I casually responded with my name, not even thinking and the person with his phone responds with "who?"

I don't believe this was him. He knows who I am and wouldn't be that rude, we had just spent time together talking and reminiscing, we left on very good terms, hugged and he seemed both shaken by what happened and terrified of going to court.

He claimed someone was going with him, NOT a lawyer and he refused to tell me who, insisting I "shouldn't worry".

I'm worried.

I contacted his family, I was only able to speak to one of them who claimed they know the DWI case was dropped but that they have no idea where he is. This one family member is not being very helpful.

I called the New Hampshire directory for mental health and inquired as to where he might be but they claimed due to HIPAA they couldn't tell me where he was, even if his commitment was involuntary! That reeks of secretive imprisonment and flagrant injustice to me! What about Habeas Corpus?

All I know is he didn't want any of this. There is no patient consent going on here and them using HIPAA to keep an involuntary imprisonment in everything but name a secret is an injustice.

I have no idea where he is though, if they sent him back to the mental hospital, cut him loose, put him in jail or he's in a corner with a blanket over him drooling and being fed vanilla pudding through a tube.

I want to start by finding the arrest warrant and the court records, the family member I spoke to merely claimed the DWI case was dropped then stopped answering my messages. I spoke to them over facebook, NOT face to face so there is a slight chance it wasn't them speaking to me.


There's just something fishy going on here and I am worried for my friend.

 

[I'mTheFather]

What is the name of your state (only U.S. law)?
I live in New Hampshire.

My friend showed up at my house 1 month ago telling me he had been arrested for a DWI while sleeping in his car. His narrative goes like this;

Asleep in his car in Massachusetts
Cops wake him up
Force him out of his vehicle
Force him to take a field sobriety test
Friend is trying to talk to them
They arrest him
Take him to a hospital
Force him to get a blood test
Find trace amounts of cannabis
Force him to be held under psychiatric care in the mental health wing of the hospital
Give him court date for DWI
Release him after a few days


My friend came to my house telling me all this and was very distressed, saying that he felt like he was attacked by law enforcement and that someone was trying to ruin his reputation with libellous slander (apparently the place he had been working at, some pizza shop, had been replying to everyone who he sent his resume to once leaving there that he was schizophrenic, insane etc; he quit of his own volition and was not fired, by his word). Someone had also been spreading rumors that he was attempting to commit arson, burn down a large apartment complex and wanted to kill people.

He said he felt like these people were organized crime and trying to make him disappear. This sounds crazy to me, most of it does but I am also worried for my friend.

I have not heard from him since he came to my house. I texted his # a few days after he was supposed to have his DWI hearing asking him how it went and got a "who is this?", I casually responded with my name, not even thinking and the person with his phone responds with "who?"

I don't believe this was him. He knows who I am and wouldn't be that rude, we had just spent time together talking and reminiscing, we left on very good terms, hugged and he seemed both shaken by what happened and terrified of going to court.

He claimed someone was going with him, NOT a lawyer and he refused to tell me who, insisting I "shouldn't worry".

I'm worried.

I contacted his family, I was only able to speak to one of them who claimed they know the DWI case was dropped but that they have no idea where he is. This one family member is not being very helpful.

I called the New Hampshire directory for mental health and inquired as to where he might be but they claimed due to HIPAA they couldn't tell me where he was, even if his commitment was involuntary! That reeks of secretive imprisonment and flagrant injustice to me! What about Habeas Corpus?

All I know is he didn't want any of this. There is no patient consent going on here and them using HIPAA to keep an involuntary imprisonment in everything but name a secret is an injustice.

I have no idea where he is though, if they sent him back to the mental hospital, cut him loose, put him in jail or he's in a corner with a blanket over him drooling and being fed vanilla pudding through a tube.

I want to start by finding the arrest warrant and the court records, the family member I spoke to merely claimed the DWI case was dropped then stopped answering my messages. I spoke to them over facebook, NOT face to face so there is a slight chance it wasn't them speaking to me.


There's just something fishy going on here and I am worried for my friend.

No hospital will release information to a non-relative. Heck, not much information is available to family unless the patient agrees.

Have you considered that the family wishes to keep the situation private?

 

[JamesGrey]

No hospital will release information to a non-relative. Heck, not much information is available to family unless the patient agrees.

Have you considered that the family wishes to keep the situation private?

I have but it doesn't seem likely.

Regardless where is the legal justice in a family forcibly committing a relative and hiding them from any outside influence? That sounds like medically aided domestic abuse.

Look, if any of this were voluntary I'd have no problems and say "okay this is just the family and him wanting to keep this private" but there's a severe element of coercion occurring here, first from the State and then from the medical professionals involved and, now possibly with the family?

How do I know they weren't bullied into signing consent forms?

 

[justalayman]

Your own words:

He said he felt like these people were organized crime and trying to make him disappear. This sounds crazy to me,

need I really say more?

 

[TheGeekess]

I have but it doesn't seem likely.

Regardless where is the legal justice in a family forcibly committing a relative and hiding them from any outside influence? That sounds like medically aided domestic abuse.

Look, if any of this were voluntary I'd have no problems and say "okay this is just the family and him wanting to keep this private" but there's a severe element of coercion occurring here, first from the State and then from the medical professionals involved and, now possibly with the family?

How do I know they weren't bullied into signing consent forms?

Seriously. It's not your business nor your problem.

 

[I'mTheFather]

Frankly, your conjectures sound as irrational as your friend's.

 

[Proserpina]

Is there a reason why you're so eager to defend him versus actually looking at things from an objective stance?

 

[Shadowbunny]

How do I know they weren't bullied into signing consent forms?

How do you know they didn't sign willingly? How do you know that your friend isn't a danger to himself or others? How do you know that your friend just doesn't want anything to do with you anymore? Perhaps because you're nosy and overbearing?

 

[CdwJava]

I have but it doesn't seem likely.

Regardless where is the legal justice in a family forcibly committing a relative and hiding them from any outside influence? That sounds like medically aided domestic abuse.

Gone are the days when a family member can sign papers and have someone committed. It doesn't work that way. In most states, the process for an initial evaluation is based upon good cause to believe the person is a danger to themselves or others and then they can be held for evaluation for 48-72 hours (depending on state law). After that a medical professional has to petition a court for a longer commitment and even these are for a few days or a week or so before another court hearing is required. So, no, a family member or friend cannot simply have this person whisked away and locked up in an asylum.

Look, if any of this were voluntary I'd have no problems and say "okay this is just the family and him wanting to keep this private" but there's a severe element of coercion occurring here, first from the State and then from the medical professionals involved and, now possibly with the family?

There are any number of reasons why he is out of touch. Maybe he wants to be ... it could be he is delusional and thinks everyone is out to get him so he has "gone off the grid" for a while. Or, he may have been arrested, committed for an evaluation, or hospitalized for any number of problems. You are implying a motive on the part of unnamed medical professionals and the nebulous "state" to keep him incognito without any real reason to do so. Sorry, but most people - even faceless bureaucrats - are unwilling to risk freedom and finances simply to turn the screws on some random guy for grins and giggles.

How do I know they weren't bullied into signing consent forms?

How do you know he doesn't want to be found?

 

[JamesGrey]

Most of these replies have been patronizing, deceitful and disingenuous.

My friend told me he wanted me to look for him if he disappeared.

I thought I made that clear in my original post.

Now I am being told to "let it go" and he "does not want to be found" or I don't "deserve" to know and that I should simply write this off as craziness.

I am dismissing the existence of all people who post this way as valid. As far as I'm concerned you are suspect or simply hostile.

Now, is anyone genuine going to offer assistance or am I done here?

 

[justalayman]

so look for him but you have no legal right to information from any medical provider and his family has no obligation to give a damn what you want. If you believe somebody has broken the law, call the police. Other than that, learn how to be a sleuth and find your friend.

 

[JamesGrey]

Gone are the days when a family member can sign papers and have someone committed. It doesn't work that way. In most states, the process for an initial evaluation is based upon good cause to believe the person is a danger to themselves or others and then they can be held for evaluation for 48-72 hours (depending on state law). After that a medical professional has to petition a court for a longer commitment and even these are for a few days or a week or so before another court hearing is required. So, no, a family member or friend cannot simply have this person whisked away and locked up in an asylum.


There are any number of reasons why he is out of touch. Maybe he wants to be ... it could be he is delusional and thinks everyone is out to get him so he has "gone off the grid" for a while. Or, he may have been arrested, committed for an evaluation, or hospitalized for any number of problems. You are implying a motive on the part of unnamed medical professionals and the nebulous "state" to keep him incognito without any real reason to do so. Sorry, but most people - even faceless bureaucrats - are unwilling to risk freedom and finances simply to turn the screws on some random guy for grins and giggles.


How do you know he doesn't want to be found?

Your first factoid is false. The procedure for involuntary commitment places the matter of consent either solely at the discretion of the State or as a matter of dispute between the State and relatives or legal guardians.

A family member who calls EMS on a person and accuses them of being mentally unwell, having this confirmed by a psychiatrist in the ER can involuntarily commit that person.

State law on this varies, but I already posted the State this is relevant to. So State law variations are not a factor here.

Yes, I am implying a motive on part of unnamed medical professionals, or someone in a position of bureaucracy. Do not talk to me about ****s and giggles or pencil pushers concerned with 'playing it safe' in the age of the NSA, drone assassinations of American citizens and indefinite detentions. Do you take me for a fool or should I consider you one?

 

[JamesGrey]

so look for him but you have no legal right to information from any medical provider and his family has no obligation to give a damn what you want. If you believe somebody has broken the law, call the police. Other than that, learn how to be a sleuth and find your friend.

Well then where should I start with that? Obviously subtlety and deceitfulness aren't strengths of mine.

 

[justalayman]

I would start with the DWI issue to verify it in fact was dismissed. The court record would show what action was taken and if your friend was present.

 

[justalayman]

JamesGrey;3334217]Your first factoid is false. The procedure for involuntary commitment places the matter of consent either solely at the discretion of the State or as a matter of dispute between the State and relatives or legal guardians.

A family member who calls EMS on a person and accuses them of being mentally unwell, having this confirmed by a psychiatrist in the ER can involuntarily commit that person.

a psychiatrist must deem the person a danger to themselves or others to be committed. You aren't locked away for simply being loony.