Malvern Behavioral Health, Philadelphia: Were You or Someone You Know Wrongfully Detained and Harmed at Malvern?

April 10, 2025

In Pennsylvania, a person can be coerced to get a psychiatric evaluation under the Pennsylvania statute known as Chapter 50, section 7301 (also referred to as "301"). 

The criteria for involuntary emergency psychiatric examination and treatment under 301 requires that a person be a clear and present danger to self or others. The section states that this means that within the last 30 days, the person has harmed themselves or another or has threatened to do so or has acted in such a way as to show that they are unable to provide for their basic survival needs. 

If an examing psychiatrist decides that the person is a clear and present danger to themselves or others or is at risk of becoming one, the psychiatrist can file an "302" petition (Chapter 50, section 7302) to have the person placed on a 120-hour hold in a psychiatric facility. 

Once detained on a 302, the person is at risk of extended treatment, under Chapter 50, section 7303, which can result in the person being detained for up to 20 additional days, if an examing psychiatrist testifies that it's necessary. 

Psychiatric emergency detention laws such as 301, 302, and 303 are unconstitutional, but they are the law. If psychiatric facilities actually knew and correctly followed the law, there would be a lot less abuse and harm caused to people. 

If you were detained on a 302 or 303 at Malvern Behavioral Health in Philadelphia and believe that Malvern did not follow the law, you can file a confidential report about your experience with Citizens Commission on Human Rights. CCHR will review your report and respond and may be able to assist you to take action, if possible. Make your confidential report here.