Henry County Probate Court
Orders for Evaluation of those with Mental Illness, Alcohol or Drug Abuse Issues
The Probate Court exercises jurisdiction over the examination and treatment of persons with mental illness. The Probate Judge may issue an order commanding any peace officer to take such person into custody and deliver him/her to the nearest emergency receiving facility for examination. This Order is commonly referred to as an “Order to Apprehend” because it directs law enforcement to apprehend the person and take them for examination.
The following criteria are required for the issuance of the order:
- Affidavits of at least two witnesses
- Both affiants must have seen the person in the preceding 48 hours
- Based upon observations contained in the affidavits, the affiants have reason to believe such person requires involuntary treatment because the person is:
- a mentally ill person,
- an alcoholic,
- a drug dependent individual, or
- a drug abuser.
- The person must be a resident of Henry County or located in Henry County
- The person must be 17 years of age or older (jurisdiction for those 16 and younger is in Juvenile Court)
The Order is directed to any peace officer and is delivered to the Henry County Sheriff’s Office and is valid for seven days from date of issuance.
The Court does not issue orders for persons currently incarcerated or in the hospital as there are remedies available.
An Order to Apprehend issued by the Probate Court is for an evaluation ONLY…it is not a guarantee of treatment or admittance into any hospital or facility.
Hours: Mon.– Fri., 8:00 a.m. – 4:00 p.m. (excluding holidays and countywide furlough days)
Please call 911 during non-business hours or in case of emergency.
Last updated: Tuesday September 04 2012