A 5150 hold in California allows law enforcement officials to place someone on an involuntary hold for up to 72 hours if they cannot care for themselves or are exhibiting signs of a severe mental health condition. Unfortunately, 5150 holds often lead to 5250 holds, which could ultimately result in conservatorship and other consequences.
Anyone hoping to avoid being held involuntarily must convince the court that they are not a threat to themselves or others and can take care of themselves. If you need help avoiding a 5250 hold or need assistance getting released, do not hesitate to contact a compassionate Los Angeles 5150 holds lawyer at the Simmrin Law Group for support.
What Is the Difference Between 5150 and 5250 Holds?
The primary difference between a 5150 and a 5250 hold is the time you are held involuntarily. In a 5150 hold, the psychiatric treatment facility has up to 72 hours to decide whether they want to hold you for continued treatment or release you as you are no longer a threat to yourself or the public.
A 5250 hold can last up to 14 days but can only occur after a mental health hearing referee has determined there is sufficient evidence that you require additional treatment for mental illness, a mental health crisis, or other mental health disorder through a 5250 hearing.
To best protect your legal rights and avoid further involuntary detention, you can seek legal advice and help from a qualified mental health lawyer.
5150 Eligibility Requirements
Healthcare providers and law enforcement officials cannot place anyone under a 72-hour hold. An individual must meet specific requirements for a 5150 hold to remain in effect. These requirements include:
- Being a threat to yourself
- Attempting to commit suicide
- Threatening to harm others
- Attempting to harm others
- Suffering from a grave disability that prevents you from taking care of your physical or mental health
Only licensed crisis team members, mental health professionals, and police officers have the authority to initiate a 5150 hold. If you are involuntarily held, you will be taken to a psychiatric facility instead of an emergency room.
This way, you can get a medical evaluation from expert professionals who will determine whether you require additional medical treatment.
Duration of a 5150 Hold in CA
5150 holds can only last for a maximum of 72 hours. This begins from the time of day you are taken into custody against your will, brought to a treatment facility or psychiatric hospital, and will remain in effect for 72 hours.
For the duration of your 5150 hold, you can expect to be held at an inpatient facility for assessment and determine whether you should be involuntarily hospitalized and treated for a severe mental health condition. Healthcare providers will consider many factors, including the type of mental health issue you are dealing with, whether you are accused of committing a crime, and what treatment options may be available.
Before the 72 hours have passed, healthcare providers will need to determine whether you would benefit from additional medical treatment. If they want to continue holding you against your will in a psychiatric commitment, they must petition the court for a 5250 hold, allowing them to detain you for another 14 days.
When 5150 Holds Apply to Minors
5150 holds can also apply to minors. These are often seen when young adults deal with severe mental health issues that lead to psychosis or attempted suicide.
The 5150 hold is designed to offer the medical intervention minors need to get their mental health and physical well-being under control. From there, the minor’s family will work with healthcare providers to develop a post-discharge plan, often including outpatient treatment and other medical services.
Obtaining an Involuntary Hold in California
When friends or family members believe an involuntary hold is necessary, they do not have the authority to detain you against your will. Instead, they must get help from a designated professional, such as a mental health facility treatment professional or law enforcement officer who has the authorization to issue a 5150 hold.
If you believe someone you love is a threat to themselves or others or is incapable of taking care of themselves due to the extent of their mental health condition, contacting emergency responders for help may be in their best interests.
Lifting a 5150 Hold
5150 holds can last up to three days. Patients should not expect to be released before these 72 hours have passed. In a worst-case scenario, you should always plan to spend up to 14 days in an involuntary hold.
However, suppose you have responded well to medical treatment, and the psychiatric staff consider you to have improved and are no longer a danger to yourself for the public. In that case, medical staff can lift the 5150 hold anytime.
What to Expect After a 5150 Hold
After a 5150 hold, there are several potential outcomes. These include:
- Being released from the treatment facility
- Agreeing to sign in as a patient voluntarily
- Being placed on a 5250 hold for further psychiatric evaluation
- Being referred to a conservatorship
5150 Holds Are Confidential
Your medical records, including any 5150 or 5250 holds, will remain confidential. This is true whether you voluntarily entered the treatment facility or were taken in against your will. However, if you are a minor, your legal guardian or parents will have the right to access your mental health records.
Other instances in which mental health records may not be confidential include conservatorships and instances where a patient has attempted to purchase a firearm or other weapon.
Who Can Refuse 5150 Holds?
There are many misconceptions about 5150 holds, but it is true that no one can refuse a 5150 hold. These holds are involuntary, which means you may have no choice but to enter a treatment facility and undergo mental health treatment, whether you agree to it or not.
What Recourse Do I Have if I Was Wrongly Placed on a 5150?
You can prove that you were wrongfully placed on an improper 5150 hold with the help of an attorney. This necessitates investigating any potential violations of your legal rights. Following your placement on a 5150, you have the following legal protections:
- Right to legal representation and the opportunity to present evidence in support of your claims to be heard
- Opportunity to participate in a Certification Review Hearing if medical personnel at the treatment facility would like to keep you under their care for longer than three days
- Right to collaborate with an advocate for patient rights
- The right to receive a written notification detailing the grounds for your 5150 detention
There may be grounds to argue that your 5150 was applied incorrectly or that you do not need further mental health treatments if you were not granted these rights. You can develop your case with the assistance of a mental health attorney. We at Simmrin Law Group will be right there with you every step of the way to help you create a strong case.
Meet With a 5150 Holds Attorney for Help Today
When people are experiencing a mental crisis, they may indeed be a harm to themselves or others. However, this does not mean their legal rights are non-existent. If you have been placed on a 5150 hold or have a loved one being held involuntarily, taking legal action and protecting your rights is essential.
Learn more about how to prepare for a 5250 hold hearing and get back to your life when you reach out to an experienced 5150 holds lawyer at the Simmrin Law Group for a confidential case evaluation.
You can reach us through our confidential contact form or by phone to schedule your no-cost, risk-free consultation today.