When a loved one faces a severe mental health crisis in Pennsylvania, families often hear the term “302” — but what does it really mean? In many urgent situations, this number becomes a critical turning point, signaling that someone may need immediate psychiatric help, even without their consent.
Under the 302 mental health code, Pennsylvania law provides a legal process to initiate an involuntary psychiatric evaluation when a person is believed to be a danger to themselves or others. This process is outlined in the Pennsylvania Mental Health Procedures Act of 1976 (Title 50, Section 7301) and is designed to ensure both public safety and individual care.
Reviewed by mental health professionals and aligned with state law for accuracy.
Table of Contents
What is a 302 in Mental Health?
A 302 is a legal petition in Pennsylvania that allows for the emergency involuntary psychiatric evaluation of a person believed to pose a danger to themselves or others due to a serious mental health condition.
In Simple Terms
When someone shows signs of suicidal thoughts, aggressive behavior, or severe mental deterioration—such as psychosis—they may be evaluated against the 302 mental health code to determine if immediate psychiatric intervention is necessary.
Legal Criteria for a 302:
Under PA Title 50, Section 7302, a person may be subject to a 302 evaluation if:
- They pose a clear and present danger to themselves (e.g., threats or attempts of self-harm or suicide)
- They pose a clear and present danger to others (e.g., threats of violence)
- They are unable to meet basic personal needs (e.g., food, shelter, medical care) due to mental illness
This legal mechanism ensures rapid intervention in moments of psychiatric crisis.
“The 302 process is meant to strike a balance between civil liberties and the urgent need for treatment,” says a Pennsylvania crisis intervention worker. “It’s not about punishment — it’s about safety and stabilization.”
For more information, visit the PA Department of Human Services – Mental Health Procedures Act.
Who Can File a 302 Petition?
In Pennsylvania, a 302 petition can be initiated by a wide range of individuals when someone appears to be in a psychiatric crisis and meets the criteria for involuntary evaluation under the 302 mental health code.
Who Is Legally Authorized?
- Physicians or licensed mental health professionals
- Police officers or first responders
- Any responsible person who has firsthand knowledge of the situation — including family members, neighbors, or caregivers
This inclusive approach allows those closest to the individual to seek help when they notice signs of dangerous behavior or severe deterioration.
How the 302 Process Works
1. Initial Contact
The petitioner reaches out to a County Crisis Intervention Unit, local mental health office, or calls 911 if there is an immediate threat.
2. Assessment
A county-appointed mental health crisis worker evaluates the situation. This may involve interviews, observation, and gathering statements from witnesses or family.
3. Approval and Warrant
If the criteria under PA Title 50 § 7302 are met, the crisis worker or physician may file for a 302 warrant, which can be approved by a county delegate, judge, or magistrate. The individual may then be transported to a facility for evaluation, typically lasting up to 120 hours (5 days).
Find your county’s mental health crisis contact via the official PA County Human Services Directory.
What Happens During a 302 Evaluation?
Understanding the 302 mental health process helps families and caregivers prepare for what may happen after the petition is approved. Once a 302 is initiated, the individual is taken into emergency custody for a psychiatric evaluation lasting up to 120 hours (5 days).
Step-by-Step Timeline of the 302 Process
1. Transport to a Facility
Once the 302 is approved, law enforcement or EMS will transport the person to a hospital emergency room or a designated psychiatric facility for evaluation. In some cases, the person may be sedated for safety.
2. Psychiatric Evaluation (Up to 120 Hours)
Within the 5-day evaluation period, a psychiatrist or licensed mental health professional assesses the individual to determine whether they meet the legal criteria for further treatment under Pennsylvania’s mental health laws.
This evaluation focuses on:
- Mental health symptoms and risk factors
- Willingness to accept voluntary treatment
- Threats of harm to self or others
- Ability to care for basic needs
3. Possible Outcomes
- ✅ Release: If the individual does not meet the criteria, they are discharged with or without follow-up care.
- ✍️ Voluntary Admission (Section 201): If the person agrees to treatment, they may sign themselves in voluntarily.
- ❌ Extended Involuntary Commitment (Section 303/304): If a severe risk remains, doctors may request a court hearing to extend the commitment.
The 302 mental health code ensures a rapid response for those in crisis, but the outcome depends on a professional’s clinical judgment and the person’s condition during evaluation.
Patient Rights Under a 302
Although a 302 mental health evaluation is involuntary, individuals still retain important legal rights and protections under Pennsylvania mental health laws. These safeguards are designed to prevent unnecessary hospitalization and protect civil liberties.
Key Legal Rights During a 302:
- 🧑⚖️ Right to Legal Counsel
Individuals have the right to be represented by an attorney if the evaluation leads to further involuntary commitment (such as under Section 303 or 304). If they cannot afford one, legal representation is provided by the court. - 📄 Right to a Hearing
Before a longer-term involuntary commitment is approved, a court hearing must be held. The person can challenge the decision and present evidence or witnesses. - 🏥 Right to the Least Restrictive Treatment Setting
Under Title 50, Section 7102, patients must be treated in the least restrictive environment appropriate for their condition — prioritizing outpatient care or community-based services when possible.
Important Statistic
According to data from the Pennsylvania Department of Human Services, more than 80% of individuals evaluated under a 302 are not committed long-term, highlighting the protective design of the evaluation process.
These rights help ensure that the 302 mental health process remains focused on emergency stabilization — not prolonged institutionalization.
302 vs. Other Pennsylvania Codes
Understanding how a 302 mental health code fits into the broader framework of PA mental health laws is important for families navigating the system. Several sections of the Mental Health Procedures Act govern different types of admissions — some voluntary, others involuntary.
Comparison of Mental Health Codes in Pennsylvania
Code | Purpose | Duration |
---|---|---|
302 | Emergency involuntary evaluation | Up to 120 hours (5 days) |
201 | Voluntary psychiatric admission | Varies by treatment plan |
303/304 | Court-ordered extended commitment | Starts at 20 days, can be extended |
Each code serves a distinct purpose in addressing the severity, urgency, and consent level of the mental health crisis.
Clarifying Common Myths
🚫 Myth: “A 302 is the same as being arrested.”
✅ Fact: A 302 is not a criminal charge or arrest — it is a medical intervention designed to protect individuals in crisis and connect them with treatment.
Being placed under a 302 evaluation does not go on a criminal record, although it may appear in certain mental health background checks, such as those related to firearm purchases in Pennsylvania.
When is a 302 Necessary?
The 302 mental health code should only be used in cases of imminent psychiatric emergencies where a person is at serious risk of harming themselves, others, or is unable to care for their basic needs due to a mental health condition.
Red Flags That May Warrant a 302:
- 🗣️ Suicidal threats or attempts
- ⚠️ Threats or acts of violence toward others
- 🧠 Acute psychosis or hallucinations
- 🚫 Severe self-neglect (e.g., refusing food, medication, or basic hygiene)
These symptoms may indicate a clear and present danger, which meets the criteria outlined in Title 50, Section 7302 for emergency intervention.
Alternatives to Filing a 302
Before pursuing a 302 petition, consider less restrictive and potentially less traumatic options:
- 🩺 Voluntary Evaluation (Section 201)
Encourage the individual to seek help on their own terms. Voluntary admission is often more effective and less distressing. - ☎️ Contact a Crisis Hotline
Speak with trained professionals through the 988 Suicide & Crisis Lifeline, or reach out to local mental health hotlines for guidance.
⚠️ Important:
“Only use a 302 for imminent emergencies — misuse of this legal tool can cause trauma, erode trust, and create long-lasting psychological impacts,” warns a licensed crisis intervention specialist in Pennsylvania.
Resources & Support
Navigating a mental health crisis can be overwhelming. Whether you’re considering filing a 302 mental health petition or seeking alternatives, these trusted resources can offer guidance, support, and advocacy.
Pennsylvania-Specific Help
- 📞 PA Statewide Crisis Hotline
1-855-284-2494 – Available 24/7 for individuals and families in crisis. - 🏢 County Mental Health Offices
Local offices provide crisis intervention services, assessments, and guidance on the 302 mental health process.
🔗 Find your county’s contact here - ⚖️ Legal Support – Disability Rights Pennsylvania
Offers free legal services and advocacy for people facing involuntary commitment or psychiatric care issues.
🔗 Visit disabilityrightspa.org
National Mental Health Support
- 🤝 NAMI Helpline
1-800-950-NAMI (6264) – Mental health education, support groups, and family resources.
🔗 nami.org/help - 📲 988 Suicide & Crisis Lifeline
Dial 988 anytime to speak with a trained counselor about suicide, emotional distress, or mental health concerns.
These services provide compassionate, confidential help — whether you’re in the middle of a crisis or trying to prevent one.