Under the mental hygiene law, when may a person be taken into custody?

• A. When they are a danger to themselves or others and custody is the only way to prevent said danger
• B. When they are a danger to themselves or others and custody is not required
• C. When there is no danger to self or others
• D. When they voluntarily request custody

Answer: (A)

Under the mental hygiene law, taking someone into custody is an emergency measure used only when there is imminent danger to the person or to others and detention is the only way to prevent that danger. The purpose is to ensure a prompt evaluation and, if needed, treatment, because no less restrictive option will prevent harm. If there is danger but detention isn’t required, or if there’s no danger at all, custody isn’t appropriate. Voluntary requests for custody aren’t the same as involuntary custody under this law.