A 5250 hold lasts 14 days. During this time, an individual stays at a hospital or mental health facility. It is possible for this individual to be released before 14 days as well.
Simmrin Law Group is a California law firm that knows all about criminal defense law. We can teach you about 5250 holds. Plus, we provide answers to common questions surrounding how many days are in a 5250 hold and related topics.
What Is a 5250 Hold?
A 5250 hold involves the involuntary placement of a person in a hospital or mental health facility. The hold extends up to 14 days. Healthcare professionals will approve a 5250 if they believe an individual is harmful to themselves or others or cannot take care of themselves due to a mental health disorder.
Along with 5250 holds, there are several other types of holds that healthcare professionals can use for involuntary treatments. These include:
- 5150: This hold lasts up to 72 hours and can be used if a person is a threat to themselves or others or cannot provide for themselves.
- 5260: A 5260 is 14 days long and extends a 5250 hold if an individual tries to take their life or is a threat to do so. In this instance, a healthcare professional can request an additional 14-day hold.
- 5270: A 5270 hold lasts up to 30 days and can be filed after a 5250.
There can be times when a treating facility wants to extend a 5250 or another type of hold. The facility can submit this request. However, an individual can ask for a Certification Review Hearing to determine if the hold can be extended.
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How Does a Certification Review Hearing Work?
In a Certification Review hearing, a neutral third-party reviews evidence to determine if there is probable cause to hold an individual at a hospital or mental health facility against their will. This hearing must be held within four days of when a person is placed on a hold. A representative from the treating facility is responsible for presenting evidence to support their request to continue the hold.
A patient’s rights advocate can assist a patient in a Certification Review Hearing. The patient can request help from the advocate, who will speak on this individual’s behalf. Also, the advocate can explain the patient’s rights to them and answer any questions this individual has about the hearing.
The treating facility must provide sufficient evidence to explain why it feels it is in the best interest of the patient and others to hold this individual. A mental health hearing referee reviews the information provided. If the referee deems there is probable cause for the patient to stay at the treating facility, this official will honor the request for the hold.
Can I Bring an Attorney to a 5250 Hearing?
It can be beneficial to hire a 5250 hold attorney. If you have a 5250 hold lawyer at your side, you can present a compelling argument during a Certification Review Hearing. Most importantly, you can make sure your legal rights are protected.
If you need a 5250 hearing attorney, look for one with relevant experience. Your attorney knows what it takes to represent a client in a 5250 hearing. In addition, your lawyer should have no trouble answering any questions you have about 5250 holds.
As you search for an attorney, consider your options carefully. You can set up a date and time to discuss any legal concerns you have with an attorney. If you find a lawyer that has a proven track record, you can hire this attorney to represent you during your 5250 hearing.
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What Are the Possible Outcomes of a 5250 Hearing?
A Mental Health Hearing Referee may decide an individual requires additional treatment. In this scenario, the referee can order an involuntary hold in addition to the 5250 a patient previously served. This means the patient remains at the treating facility against their will for the duration of their new hold.
Comparatively, a mental health hearing referee may choose not to enact another hold. At this point, the patient may be released from their 5250 before the full 14-day period is complete. The patient can also remain at a treating facility as a voluntary patient.
There can be instances in which a Mental Health Hearing Referee refers a patient to the Office of the Public Guardian. This referee does so if the evidence provided by the treating facility suggests a conservatorship may be necessary. When this happens, the Office of the Public Guardian initiates an investigation as it tries to determine whether a conservatorship should be established.
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Is There Anything I Can Do to Avoid Getting a New Hold After a 5250?
Take care of yourself and make the most of your experience at the treatment facility. If you apply yourself and show you are willing to do what is asked of you, it will be difficult for the treating facility to argue that a new hold should be put into place. This can help you get released as quickly as possible.
If you are being held due to concerns that you are a danger to yourself, try not to harm yourself. Meanwhile, if you are being held since there are concerns you are a threat to others, try not to argue with anyone at the treating facility. You should also avoid touching others or any other forms of physical contact with the treating facility’s staff or other patients.
In cases where you are being held due to concerns about a grave disability, show the treating facility staff you are capable of caring for yourself. To do so, you can eat, sleep, and clean for yourself. These actions may prove to the treating facility staff that you deserve to be released.
Where Can I Go for Legal Help if I Am Dealing with a 5250 Hold?
Simmrin Law Group can connect you with an attorney that can represent you during a 5250 hearing. To learn more, please contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form