5150 Holds in California: Protecting Patient’s Rights During Involuntary Psychiatric Detainment
At Lessem, Newstat & Tooson, LLP, we are one of the most experienced law firms in the State of California when it comes to protecting the rights of individuals and their families during difficult mental health situations, including 5150 holds. A 5150 hold refers to the involuntary detainment of an individual for up to 72 hours under the California Welfare and Institutions Code. This hold allows for the psychiatric evaluation of a person who is considered to be a danger to themselves, a danger to others, or gravely disabled due to a mental health disorder.
What Is a 5150 Hold?
A 5150 hold is an emergency intervention where a person can be involuntarily detained in a psychiatric facility for up to 72 hours. The purpose of this hold is to assess and stabilize the individual in a safe environment, protecting both them and the public from potential harm.
The criteria for placing someone on a 5150 hold include:
- Danger to Themselves: The individual is suicidal or has engaged in self-harm.
- Danger to Others: The individual has threatened or exhibited violent behavior.
- Grave Disability: The individual is unable to provide for their own basic needs, such as food, clothing, or shelter, due to their mental health condition.
Law enforcement officers, mental health professionals, and emergency responders are authorized to initiate a 5150 hold when necessary.
What Happens During a 5150 Hold?
Once a 5150 hold is initiated, the individual is taken to a designated psychiatric facility for evaluation and treatment. During the 72-hour hold, medical professionals will:
- Evaluate the individual’s mental state: This includes interviews, observation, and possible diagnostic assessments.
- Provide treatment: If necessary, the person may receive medication and other treatments to stabilize their condition.
- Determine further action: After the 72-hour period, professionals will decide if the individual can be safely released or if they require further treatment through a 5250 hold (up to 14 additional days).
Your Rights During a 5150 Hold
Although the individual is held involuntarily, they retain specific rights, including:
- The right to refuse treatment: Unless it is deemed that they lack the capacity to make decisions.
- The right to be informed: They must be told why they are being held and what the process entails.
- The right to legal representation: The individual has the right to consult with an attorney to ensure their rights are upheld.
At Lessem, Newstat & Tooson, LLP, we ensure that the civil rights of those placed on a 5150 hold are protected. Our experienced mental health attorneys work closely with families to navigate the legal complexities of these holds, advocating for the best possible outcome.
After the 5150 Hold: Next Steps
After the 72-hour hold, several outcomes are possible:
- Release: The individual may be released if they no longer meet the criteria for involuntary detention.
- Voluntary Admission: The person may choose to stay for further treatment.
- 5250 Hold: If mental health professionals believe continued treatment is necessary, a 5250 hold may be initiated, extending the hold for up to 14 additional days.
How Lessem, Newstat & Tooson, LLP Can Help
If a 5250 hold is initiated at the conclusion of the 72-hours, the patient has certain due process rights to fight that extension. This includes the right to an administrative hearing. And if that hearing does not successfully result in the patient’s discharge, then there is the right to appeal the administrative decision to Superior Court. The patient also has the right to an attorney to advocate for them through this entire process.
Navigating a 5150 hold can be a stressful and emotional experience for both the individual and their family. At Lessem, Newstat & Tooson, LLP, we are experienced in mental health law and serve clients on 5150 holds throughout the entire State of California. Our legal team is committed to ensuring that those facing involuntary holds are treated fairly, with their rights protected every step of the way.
Whether you need assistance understanding the legal process, protecting your loved one’s rights, or determining the next legal steps, our firm is here to help.
For immediate legal support regarding 5150 holds, contact Lessem, Newstat & Tooson, LLP today. Our compassionate attorneys are ready to provide the guidance and representation you need during this challenging time.
