Los Angeles 5585 Hold Attorneys

If your child or a loved one has been placed on a 5585 hold, you’re likely facing a stressful and confusing situation. At Lessem, Newstat & Tooson, LLP, we understand the emotional toll this takes on families. Our experienced Los Angeles mental health attorneys are dedicated to protecting the rights of minors and their guardians during these challenging times.

With over 50 years of combined experience in mental health law, criminal defense, and advocacy, we’ve helped countless families navigate involuntary holds, challenge unjust detentions, and secure the best possible outcomes. Whether you need immediate assistance contesting a hold or long-term support for recovery and record protection, our compassionate team is here to guide you every step of the way.

Contact our experienced Los Angeles 5585 attorneys today for a confidential consultation. Your family doesn’t have to navigate this alone.

What is a 5585 Hold?

A 5585 hold, established under California’s Welfare and Institutions Code Section 5585.50, authorizes the involuntary detention of a minor (under 18 years old) for up to 72 hours for psychiatric evaluation and crisis intervention. This hold is implemented when a minor, due to a mental health disorder, is deemed a danger to themselves or others, or gravely disabled; meaning they are unable to utilize essential elements for health, safety, and development, such as food, clothing, or shelter, even if provided by others. The hold is only used when voluntary treatment authorization from a parent or guardian is unavailable or not feasible.

This provision is part of the Children’s Civil Commitment and Mental Health Treatment Act of 1988, designed to provide prompt evaluation and individualized treatment while protecting minors’ rights. Unlike criminal proceedings, a 5585 hold is a civil medical intervention focused on safety and stabilization, not punishment.

What Are the Key Differences Between 5150 and 5585 Holds?

While both 5150 holds and 5585 holds allow for 72-hour involuntary psychiatric detention, they differ primarily in their application:

• Age Group: A 5150 hold applies to adults (18 and older), while a 5585 hold is specifically for minors under 18.
• Voluntary Treatment Priority: For minors, every effort must be made to obtain parental or guardian consent for voluntary treatment before initiating a 5585 hold. If consent is available, involuntary detention is avoided.
• Grave Disability Definition: For minors under 5585, grave disability is tailored to include the inability to use essentials for health, safety, and development, recognizing their dependency on adults.
• Parental Involvement: Facilities must notify parents or guardians as soon as possible under 5585, and parents retain significant rights, unlike the more independent process for adults under 5150.
• Aftercare: Minors released from a 5585 hold must receive an aftercare plan, which is not explicitly required for 5150 releases.

These distinctions ensure protections suited to minors’ unique needs, emphasizing family involvement and developmental considerations.

What is the Criteria for Initiating a 5585 Hold?

A 5585 hold can only be initiated if a minor meets at least one of the following criteria as a direct result of a mental health disorder, and voluntary treatment is not available:

• Danger to Self: The minor exhibits behaviors indicating intent to harm themselves, such as suicidal ideation or self-injury.
• Danger to Others: The minor poses an immediate threat to harm another person, with the means and intent to do so.
• Gravely Disabled: The minor is unable to meet basic needs for health, safety, and development due to their mental disorder, even with support from others.

These criteria must be observed personally by an authorized professional, and the hold is only for evaluation, not long-term commitment.

Who Can Authorize a 5585 Hold?

Only specific professionals can initiate a 5585 hold upon probable cause:

• Peace officers (e.g., police or sheriff’s deputies).
• County-designated mental health professionals.
• Attending staff at a county-designated evaluation facility.
• Members of a mobile crisis team.

These individuals must document the circumstances in writing, including why voluntary treatment isn’t possible. Parents or guardians cannot directly authorize or refuse the hold once the criteria are met, but facilities must notify them promptly.

How Long Does a 5585 Hold Last?

A 5585 hold lasts up to 72 hours, starting from admission to the facility (not initial detention). Weekends and holidays may extend the effective time until the next business day. If further treatment is needed, it can be extended via a 5250 hold for up to 14 additional days, requiring a certification review hearing to establish probable cause. Extensions beyond that may involve further holds like 5260 (additional 14 days for suicide risk) or conservatorship proceedings.

Potential Outcomes After the 5585 Hold

Following the initial 72-hour 5585 hold, the facility’s multidisciplinary team assesses your child’s current stability and needs with the goal of ensuring safety while supporting the quickest safe return to the community.

The main possible outcomes are:

• Release with Aftercare Plan: If your child no longer meets the criteria for danger to self/others or grave disability, they are typically released. The facility must provide a detailed aftercare plan that includes recommendations for outpatient follow-up, such as therapy, medication management, counseling, school support, or community resources to help maintain stability and prevent future crises.
• Voluntary Treatment: With your consent as parent or guardian, many families opt to continue care voluntarily, either by staying in the facility for additional time or transitioning to an outpatient program. This collaborative approach often feels more supportive and allows greater family input in planning.
• Further Involuntary Commitment: If the team determines that more time is needed for stabilization, the hold may be extended, most commonly through a 5250 certification for up to 14 additional days of intensive treatment. This requires a certification review hearing (probable cause hearing), where evidence is reviewed, and you (and your child, with assistance) can participate and contest the extension if appropriate. Longer holds are possible but less common.
• Conservatorship: This is very rare for minors and generally only considered in cases of prolonged, severe, grave disability requiring court-supervised decision-making support. It is not a standard outcome from a short 5585 hold.

At Lessem, Newstat & Tooson, LLP, we guide families through these options, represent you at hearings when needed, and help connect you with community-based resources to support your child’s recovery and avoid unnecessary extensions.

Impact of a 5585 Hold on Records and Future Implications

A 5585 hold is a confidential mental health intervention, not a criminal matter, so it does not create a criminal record and will not appear on typical employment, licensing, or background checks. Records are tightly protected under California law (including HIPAA and WIC § 5328 confidentiality provisions) and are generally sealed, accessible only to authorized healthcare providers or with specific consent.

Key points to understand:

• Expungement: Formal expungement is rarely available since these are not court or criminal records. In unusual cases where privacy concerns arise, families may petition to further limit disclosure.
• Education: The hold does not appear on school transcripts or permanent academic records. If school staff were involved in the referral or aftercare, confidentiality rules apply, and information is shared only as necessary to support your child’s safe return to school, usually focusing on accommodations rather than stigma.
• Firearms Rights: A 5585 hold for minors does not automatically trigger California’s 5-year firearms restriction under WIC § 8103 (which applies to certain adult 5150/5250 holds) or a federal lifetime prohibition under 18 U.S.C. § 922(g)(4), as it is not considered a formal “commitment” in the same legal sense. Still, individual cases can vary, so consulting an attorney to review your specific situation is the safest way to confirm no unintended restrictions exist.

These holds are intended as short-term, protective measures with strong privacy safeguards. With good advocacy and follow-up care, they typically do not create lasting barriers or stigma. Many families use the experience as a turning point toward healing and stronger support systems.

If your child has been through a 5585 hold, our team at Lessem, Newstat & Tooson, LLP is here to help clarify these implications, protect your family’s future, and provide compassionate guidance. Contact us today for a confidential consultation.

Step-by-Step Process of a 5585 Hold

The 5585 process prioritizes safety and evaluation:

• Initial Detention: An authorized professional takes the minor into custody based on observed behaviors meeting the criteria.
• Written Application: The detaining party submits a written application detailing the probable cause and unavailability of voluntary treatment.
• Transport to Facility: The minor is transported to a county-designated and state-approved mental health facility for minors.
• Notification: The facility notifies parents or guardians as soon as possible.
• Evaluation: A multidisciplinary team conducts assessments, including medical, psychological, developmental, and social evaluations, involving the family where possible.
• Treatment and Decision: Crisis intervention begins; within 72 hours, the team decides on release, voluntary treatment, or extension.
• Release or Extension: If stable, the minor is released with an aftercare plan. If not, a 5250 extension may be sought.

This process ensures thorough, compassionate care while respecting legal safeguards.

Rights of the Minor During a 5585 Hold

Minors placed under a 5585 hold in California are entitled to important protections under the Welfare and Institutions Code (particularly Part 1.5, the Children’s Civil Commitment and Mental Health Treatment Act of 1988) and related patient rights provisions. These safeguards ensure that the focus remains on safety, stabilization, and humane care in the least restrictive setting possible, while recognizing the minor’s developmental needs and dignity.

Here are the key rights your child retains during the hold:

• Right to Counsel and Advocacy: The minor has the right to access an attorney or a patients’ rights advocate at any time. This advocate can help explain the process, answer questions, and assist in challenging the hold if it appears unwarranted. Many facilities provide patients’ rights information upon admission, and the minor (or family) can request this support immediately to navigate the evaluation and any potential extensions.
• Right to Prompt and Humane Treatment: The minor is entitled to receive timely medical and psychiatric evaluation and crisis intervention. Treatment must be provided in the least restrictive environment appropriate to their needs, with a multidisciplinary team (including medical, psychological, developmental, educational, and social professionals) conducting a comprehensive assessment. The goal is stabilization and individualized care, not punishment.
• Right to Confidentiality: Mental health records and information are strictly protected under California law (including provisions similar to those in WIC § 5328). Details about the minor’s condition, treatment, and hold can only be shared with authorized professionals involved in their care, or with appropriate consent (often involving parents/guardians). This helps maintain privacy and prevents unnecessary stigma.
• Additional Fundamental Rights: The minor must be treated with dignity and respect at all times. This includes reasonable privacy, the opportunity for appropriate visitation (subject to safety considerations), and protection from unnecessary or excessive use of restraints, seclusion, or other restrictive measures. Facilities are also required to separate minors under 16 from adults in treatment settings unless special state approval exists, ensuring age-appropriate care. Rights cannot be denied as punishment or for staff convenience, and they generally cannot be waived by parents or guardians alone.

These protections are designed to balance the urgent need for intervention with respect for the minor’s liberty and well-being. If any right feels violated, contact our firm right away. Our team at Lessem, Newstat & Tooson, LLP can help ensure these safeguards are upheld.

Rights and Involvement of Parents or Guardians During a 5585 Hold

As a parent or legal guardian, you play a central and protected role throughout a 5585 hold. California law emphasizes family involvement wherever possible, recognizing that your input is essential for understanding your child’s needs and supporting their recovery.

Key aspects of your rights and involvement include:

• Prompt Notification: The facility is legally required to make every reasonable effort to notify you as soon as possible after your child is detained (WIC § 5585.50). This typically happens quickly, so you can be informed about the reasons for the hold, the facility location, and initial steps.
• Consent and Decision-Making Authority: Facilities must make every effort to obtain your consent for voluntary treatment before or instead of an involuntary hold. Even during the hold, you generally retain significant authority over non-emergency medical decisions and ongoing treatment planning. While the initial crisis intervention is focused on safety, your consent is sought for continued care, and your perspective helps shape the evaluation and any aftercare plan.
• Visitation: Parents are typically allowed to visit their child during the hold, with reasonable restrictions only as needed for safety, therapeutic reasons, or facility protocols (such as designated hours). Visitation supports family connection and can aid in the evaluation process.
• Involvement in Evaluation and Planning: The law requires efforts to include you in the clinical evaluation, which involves multidisciplinary assessments of your child’s medical, psychological, developmental, social, and family circumstances (WIC § 5585.52). Your knowledge of your child’s history, strengths, and home environment is invaluable and should be actively sought to ensure care is tailored appropriately.
• Right to Challenge the Hold: You have the ability to contest the detention through legal means, such as filing a writ of habeas corpus in court. This can prompt a review of whether the hold meets legal criteria, potentially leading to earlier release if appropriate.

Your active participation is not just allowed; it’s encouraged and often critical for the best outcome. Many families find that engaging early with facility staff and, when needed, an experienced attorney helps protect everyone’s rights and facilitates a smoother transition to community-based support.

If your child is currently under a 5585 hold, reach out to us at Lessem, Newstat & Tooson, LLP for compassionate, knowledgeable guidance. We’re here to advocate for both your child’s rights and your family’s role in their care.

When and Why Should I Hire an Attorney for a 5585 Hold?

Facing a 5585 hold for your child can feel overwhelming, with tight timelines, complex legal procedures, and high emotions involved. Hiring an experienced mental health attorney as soon as possible, ideally right after learning of the hold, provides crucial support and can make a significant difference in the outcome.

Key benefits of involving an attorney early include:

• Navigating Complex Procedures and Timelines: The 5585 process involves strict deadlines, documentation requirements, and potential extensions (like a 5250 hold). An attorney ensures nothing is missed and helps you understand each step, from initial detention to evaluation and release decisions.
• Advocating for Your Child’s Rights and Early Release: Attorneys can review the basis for the hold, communicate directly with facility staff, and push for the least restrictive options. They advocate to protect your child’s dignity, ensure humane treatment, and seek prompt release if the criteria are no longer met.
• Challenging Extensions or Improper Holds: If the facility seeks to extend the hold (e.g., via 5250 certification), an attorney can represent you and your child at the certification review hearing, present counter-evidence, question staff observations, and argue against continued detention. They can also file a writ of habeas corpus to contest unlawful detention swiftly.
• Ensuring Compliance with Laws to Avoid Long-Term Impacts: Attorneys help safeguard privacy, proper notification, family involvement, and adherence to minor-specific protections under the Children’s Civil Commitment and Mental Health Treatment Act. This minimizes potential effects on records, future rights, or family dynamics.

At Lessem, Newstat & Tooson, LLP, our Los Angeles mental health lawyers offer compassionate, knowledgeable advocacy rooted in decades of experience with 5585 and related holds. We act quickly to protect families, reduce stress, and focus on your child’s well-being and safe return home.

What to Expect in a 5585 Hearing

Hearings most commonly occur when the facility seeks to extend the initial 72-hour 5585 hold, typically through a 5250 certification for up to 14 additional days of intensive treatment. This is known as a certification review hearing (or probable cause hearing), which serves as an important safeguard to ensure continued detention is justified.

Here’s what families can generally expect:

• Procedures: The hearing is informal and usually held at the facility (or virtually in some cases), presided over by a neutral hearing officer (often from the county or a designated reviewer). It’s not a full courtroom trial; no strict rules of evidence apply, and the atmosphere aims to be less intimidating while still protective of rights. It must occur within a short timeframe, typically within days of the extension certification.
• Evidence Presented: The hospital or facility team presents their case first, including staff testimony, clinical evaluations, observations, and documentation showing why your child still meets the criteria (danger to self/others or grave disability due to mental disorder). You (and your child, with support) have the right to respond: present your own evidence, call witnesses (such as family members or outside professionals), question the facility’s evidence, and explain why release or voluntary options are appropriate.
• Outcomes: If the hearing officer finds no probable cause for continued hold, your child is released (often with an aftercare plan). If probable cause is established, the extension is approved. You can appeal an unfavorable decision by filing a writ of habeas corpus in a superior court for further judicial review. The burden is on the facility to justify the extension, not on you to disprove it.

Having legal representation significantly strengthens your position. Your attorney can prepare arguments, cross-examine witnesses effectively, ensure procedural fairness, and help present a compelling case for your child’s release or alternative care. Many families find the process less daunting with professional guidance.

Take Control of Your Situation Today

Navigating a 5585 hold requires knowledge, compassion, and strong advocacy. At Lessem, Newstat & Tooson, LLP, we’re committed to protecting your family’s rights and future.

If your child is facing a potential extension or hearing, don’t face this alone. Contact Lessem, Newstat & Tooson, LLP immediately by calling (818) 643-3093. Our experienced team is ready to provide strong, compassionate advocacy to protect your family’s rights during this critical time.