A 72-hour psychiatric hold, officially known as an involuntary psychiatric commitment or a 5150 hold in California, involves the temporary detention of a person for evaluation and treatment in a mental health facility against their will. During this period, mental health professionals assess the person’s condition to determine if further intervention or an extended hold is necessary.
This 72-hour psychiatric hold is a process that aims to ensure the safety of the person being held and those around them while also providing the appropriate mental health care and support.
Let’s look at what happens during this 72-hour psych hold in California, the procedures involved, the legal considerations, what can be expected throughout the experience, and how a Los Angeles 5150 holds lawyer can help when you or a loved one is held for a 5150.
What to Expect from a 72-Hour Psych Hold in California?
If your loved one has been placed in a 5150 hold in California, you’re probably wondering what that entails. The typical psych hold involves monitoring and evaluation of the patient to determine if they need more long-term treatment for their mental illness. The process is as follows:
- The patient arrives and answers questions about themselves and their symptoms
- The hospital staff will provide the patient with new clothing
- Patients are not permitted to talk to anyone outside the hospital, but exceptions are made in some cases
- A team of doctors and psychiatrists will meet with the patient to determine the right course of treatment
The majority of psych hold patients are able to ask questions and follow the rules of the facility without an issue. That said, in some rare cases, physical restraints must be used when a patient becomes agitated or aggressive.
Once mental health professionals have finished evaluating the patient, they’ll make a decision on whether the patient is free to go or if they must stay for further treatment.
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How Is a 72-Hour Psych Hold Initiated in California?
In California, law enforcement officers and mental health professionals have the ability to place someone on an involuntary emergency psych hold, or 5150, due to a mental illness. An individual must exhibit one of the following factors to be placed in a 72-hour psych hold in California:
- They are a danger to themselves and have threatened or indicated the intent to commit suicide or cause bodily harm to themselves.
- They are a danger to others, which is usually connected to someone with bipolar disorder or depression who demonstrates actions or threatens to inflict bodily harm to another person.
- They have a grave disability and are unable to provide for their basic needs, including food, clothing, personal hygiene, and shelter.
The legal term “5150” comes from the Welfare and Institutions Code § 5150, which is the law that allows police and mental health professionals to put at-risk individuals in a psych hold. The law requires that the evaluator ends the hold when the patient no longer meets the above-listed criteria for involuntary hospitalization.
What Happens if the Patient Still Needs Treatment After a 72-Hour Hold?
If, after the 72-hour hold, the patient continues to meet any of the three criteria they met for the original psychiatric hold, the attending medical staff will place the patient on a 5250 or 14-day hold for more intensive treatment.
Similarly to 5150, 5250 refers to Welfare and Institutions Code § 5250, which is the law that allows medical staff to extend the patient’s hold. The maximum limit is 14 days, but based on the patient’s prognosis and symptoms, the patient may be released before that time.
Patients will also receive a certification of their extended hold and gain the right to a probable cause (PC) hearing, also known as a certification review hearing, during which their rights advocate can speak on their behalf.
What Are the Benefits of a 72-Hour Hold?
Untreated mental illness can be debilitating for individuals and loved ones. In addition, suicide is the 12th leading cause of death in the United States, with 130 deaths each day. If your loved one has been put on a 72-hour psych hold in California, you’re probably worried about them. However, a psych hold could be beneficial to their mental health in the long term.
Treatment for mental illness is not an easy, straightforward process and often lacks the funding, accessibility, and support it needs to be effective. However, with a 72-hour hold, violent acts and suicides are prevented.
Involuntary hospitalization can provide life-saving monitoring, treatment, and stabilization for high-risk patients. Involuntary psych holds can also connect patients to psychiatrists, therapists, and other resources post-discharge.
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What Happens During a Probable Cause Hearing in California?
Now that you’re familiar with what happens during a 72-hour psych hold in California, it’s time to discuss the steps involved in a probable cause hearing. A probable cause (PC) hearing takes place after a psychiatrist recommends a 14-day hold and is usually an informal proceeding.
That said, hearings are necessary to help the mental health facility evaluate whether there is a cause to keep the patient hospitalized. The hearing officer makes the final decision on whether to discharge the patient or continue their care. Here’s what happens during a probable cause hearing:
Assigning a Rights Representative
Before the hearing, the patient is assigned a patient’s rights representative from the county. The representative will meet with the patient to discuss their wishes moving forward and determine if they want to contest the 14-day hold.
The Hearing
Next, the patient and their rights representative will attend the PC hearing in the hospital. It’s important to note that the patient may choose not to attend the hearing and allow the representative to speak on their behalf.
At the PC hearing, the hearing officer will hear testimony from the patient’s rights representative and the hospital representative.
The patient’s family, who can also provide testimony or more information, may be present during the PC hearing with the patient’s permission.
The Outcome
At the conclusion of the PC hearing, the hearing officer will determine if the patient continues to meet the hold criteria for a 5250 or if they do not. If the patient no longer upholds the criteria, they can either be discharged or remain hospitalized on a voluntary basis.
How a Mental Health Lawyer Can Help You During an Involuntary Hold
If you or someone close to you has been placed on a 72-hour psych hold in California, you may want to meet with an attorney. A lawyer can determine if the hold was warranted and take a number of other actions on your behalf, ensuring the patient’s best interests are prioritized throughout the process.
Here’s what a mental health attorney can do for you and your loved one:
- Determine if the hold is legal and, if necessary, help the patient get out of the 5150 hold
- Advocate for the patient’s rights during and after the psych hold
- Explain what happens during a 72-hour psych hold in California
- Ensure the patient is receiving proper treatment and care
- Monitor the medical staff’s adherence to accepted procedures
- Address any violations of the patient’s rights that occur during the hold
- Help you involuntarily commit a loved one
- Explain the difference between a 5150 and a 5250
- Address any questions or concerns you have
When someone with mental health symptoms is put on a psych hold, they aren’t always able to advocate for themselves and ensure their rights are upheld. Luckily, an attorney can protect their best interests and ensure the 72-hour hold or extended hold is the right choice for their well-being.
Dealing With Criminal Matters After a Psych Hold in California
If your loved one was put on a 72-hour psych hold after a criminal incident, you’ll want to meet with a Los Angeles Mental Health Lawyer. A lawyer can investigate the incident and fight to get any misdemeanor or felony charges dismissed.
Your attorney can use records of your loved one’s psych hold and other forms of evidence to fight the charges they are facing. No matter how serious the case is, you can count on an experienced lawyer to do everything they can to get the charges reduced or completely dismissed.
Learn More About What Happens During a 72-hour Psych Hold in California
When a loved one is put in an involuntary psych hold, it can be a scary experience. Fortunately, the team at Simmrin Law Group is here to help you and your loved one throughout the process. We’ll ensure their rights are protected and monitor the situation closely to ensure their evaluation goes smoothly.
Contact us today to learn more about what happens during a 72-hour psych hold in California. We’ll provide the information and representation you and your loved one need to make it through this challenging time. We look forward to hearing from you soon.
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