Taken In For An Evaluation
S.C. Code 44-17-410 — an affidavit and a doctor's certificate, probate court review within forty-eight hours, and a hearing within fifteen days
A person may be admitted to a hospital or mental health facility in an emergency on a sworn affidavit that the person has a mental illness and is likely to cause serious harm to self or others if not immediately hospitalized, with the specific harm and its factual basis, together with a licensed physician's certificate, after examining the person, stating the same and the grounds for it.
Three days on a certificate. A person may not be admitted on a certificate more than three calendar days after the examination, and may not be taken into custody on it more than three days after it was signed. The certificate directs a law enforcement officer, preferably in civilian clothes and with crisis training, to take the person to the hospital it names.
Forty-eight hours, and forty-eight more. Within forty-eight hours of admission, not counting weekends and legal holidays, the facility sends the papers to the probate court. Within forty-eight hours of receiving them, the court reviews the evidence for probable cause and either orders release or orders continued detention in writing.
Two designated examiners report to the court within seven days of admission. If they find involuntary treatment is not required, the petition is dismissed and the person discharged at once. If they find it is, the court appoints counsel if none is retained and sets a full hearing within fifteen days of admission.
Where no physician can examine the person, a probate judge may order an officer to take the person into custody for up to twenty-four hours for an examination. If no certificate follows within that time, the person is released immediately. The person in custody has the right to an attorney.
A friend or relative may transport the person instead of an officer after signing a statement on the certificate. Longer commitments run under the judicial admission sections. A particular admission is a question for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 44-17-410 — Emergency admission of person likely to cause serious harm
- S.C. Code 44-17-430 — Examination under custody when examination not otherwise possible
- S.C. Code 44-17-440 — Custody and transport of person requiring immediate care
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.