Do We Need An Attorney For My Sisters Involuntary Hold That Was Communicated As Being Voluntary?

Location: Elkhart Indiana.

My sister just had a baby 6 days ago, for the last 3-4 days she said she hasn’t been able to sleep and was unsure if it was all the adrenaline. She would call us or video chat and was so in love with her baby and said she just wishes she could sleep and had lots of anxiety due to not getting rest.

Well, around 1-2am she calls us saying she still hasn’t slept and it’s making her get very bad anxiety and her body can’t shut down so she can sleep. She says she wants to go to the ER to see if they can give her something to help her with sleep, as Unisom and Melatonin aren’t working. She goes to south bend general hospital and her dr and midwife were there and gave her Ativan and Benadryl. She was able to sleep but they did tell her she could go to Elkhart Memorial Hospital and do a voluntary inpatient therapy where she can stay for as long as she’d like and they can give her meds to help her sleep and maybe do therapy once a day for anxiety.

She called us all happy that she thinks she’s going to do it and she needs to do it for herself and her baby boy. Well, she gets there and they check her in and once she sees it’s a locked facility, she tells them she was under the impression it was voluntary, they then tell her no it isn’t, and that she can’t leave and took her clothing and phone away. She calls me and is quiet and really upset and saying she’s scared because it’s not what she was told and she asked them if she could leave and they said she can’t until the psychiatrist sees her and deems her okay to leave.

I called and the staff kept being avoidant and giving me the workaround, then, one of the women who was helping me literally thought she hung up the phone and says, “OH BROTHERRR, I don’t want to talk to her, or anyone else. Did she mention wanting to leave?? does it seem like she wants to leave?” And then I hear the other woman say, “omg did you mute it? Or hang up?” And boom the line disconnects. Mind you, my sister has just told me she was scared and asked them multiple times if she could leave because she didn’t want locked down treatment and would find outpatient therapy. She has never been in an inpatient or outpatient treatment and doesn’t take any meds for any mental or mood disorders.

We are so heartbroken that she is 6 days postpartum, without her baby or husband and was completely misinformed and being treated like a crazy person and told she cannot leave. I just told our dad and he is furious, and wanting to get into contact with an attorney over this. We live in California and she’s in Indiana but my mom just flew out today and arrived a couple of hours ago. We are all a mess over this and so sad she is alone and was advocating for herself, only to be treated like this and now held against her will.

Please give me any advice on what to do in this situation, thank you!