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A court can order the placement of a mentally ill person in a psychiatric hospital against their will.
A medical examination must take place beforehand.
The mentally ill person must be accommodated, treated and cared for in such a way that the interference with their personal freedom is minimised. However, they must tolerate measures that ensure safety and order in the institution or protect themselves.
Special security measures that largely or completely remove a person's ability to move (restraint involving deprivation of liberty) for more than a short period of time are only permitted at the request of the recognised facility providing treatment following a prior court order. This does not apply in the event of imminent danger if such an order is issued.
Children and adolescents should be accommodated and cared for separately in accordance with their illness and stage of development. Treatment should take place in specialised child and adolescent psychiatric wards.
During the placement, the mentally ill person is entitled to the necessary treatment. The treatment also includes examination measures as well as measures that are necessary to enable the accommodated person to live independently in the community after release.
Treatment requires the consent of the person accommodated. Consent must be based on the free will of the person capable of giving consent.
The person must have been adequately informed by a doctor beforehand. However, the consent of the person accommodated is not required if, due to their illness, they are unable to recognise the necessity of the treatment in order to prevent further harm.
Treatment against the person's will requires a court order, with the exception of treatment to avert danger to life or a current significant danger to the health of the person or third parties.
The lower administrative authority is,
Note: If the mentally ill person is already in a recognised institution, this institution is also entitled to apply.
The authority must first apply for the placement in writing to the care court. Only then can the court order it.
This also applies to
If the court orders the placement, the lower administrative authority is responsible for implementing the placement. For example, it selects the appropriate facility. When making its choice, it should take into account the wishes of the mentally ill person as well as therapeutic aspects. The authority also endeavours to place them as close to their place of residence as possible.
Note: In urgent cases, an institution may admit or detain a person before the placement has been applied for or ordered. The reasons for this caring admission and detention must be documented by a medical certificate. This can only be waived in particularly urgent cases, so-called "emergency presentations".
In the case of a caring admission and restraint:
The institution must send the application for placement to the court no later than the end of the second day after the custodial admission or restraint. If the admission or restraint falls on a Friday, the application for placement must be submitted by no later than Monday, 12 noon. If it is not sent, the patient must be discharged.
However, the mentally ill person can also remain in the facility voluntarily.
The accommodated person must be discharged if
Note: If the continuation of the placement is necessary, the recognised institution must apply to the court in good time for the continuation of the placement.
The recognised institution must send the application for a placement order without delay, but at the latest by the end of the second day following admission or detention, if further placement appears necessary against the wishes of the person concerned. If the admission or detention falls on a Friday, the application must be submitted by the following Monday at noon at the latest.
The certificate of a doctor from a recognised institution can replace the certificate of the health authority. However, it must be signed by a specialist in psychiatry and psychotherapy. In the case of children and adolescents, a specialist in child and adolescent psychiatry and psychotherapy must sign.
Note: If a certificate is not yet available at the time of application, it must be submitted as soon as possible.
No costs are incurred for the activities of the lower administrative authorities.
Note: The costs for the accommodation itself must be borne by the accommodated person, his or her payer (for example, the health insurance fund) or the breadwinners.
In addition to the administrative authority (or the recognised institution), the following institutions can also apply to the court for accommodation:
Machine generated, based on the German release by: Sozialministerium Baden-Württemberg, 17.04.2025
