Although many use 5150 and 5250 holds interchangeably, they are two entirely different involuntary holdings. Although there are many differences, the primary difference is how much time you will be involuntarily held.
If you or someone you love has been held involuntarily, you still have rights. A mental health lawyer at the Simmrin Law Group can help you get your involuntary hold released to get back to your life.
5150 Holds
5150 holds occur when law enforcement officials take someone into custody and place them in an involuntary treatment facility for up to 72 hours. For a 5150 hold to apply, one or more of the following requirements must be met:
- You must be considered a danger to yourself due to your mental health condition which means you must have threatened or attempted to harm yourself or commit suicide.
- You must be diagnosed with a severe mental health condition that makes it difficult or impossible for you to provide your own basic needs. Anyone who cannot provide shelter, food, or clothing may be eligible.
- You must be considered a danger to others or the public due to your mental health condition. In other words, you must have threatened or attempted to cause physical bodily harm or death to others or the public.
After the 72-hour maximum time limit has been reached, several potential scenarios could play out. These include:
- You could be released from the mental health treatment facility.
- You can agree to accept voluntary treatment for your mental health condition.
- You may need to attend a 5250 Certification Review Hearing to determine whether you will be placed on an extended 14-day involuntary hold.
- You could be referred to the Office of the Public Guardian to determine whether a conservatorship is necessary.
For a free legal consultation, call (310) 896-2723
5250 Holds
5250 holds are an extension of a 5150 hold. While 5150 holds can only last up to 72 hours, 5250 holds can include up to 14 days of involuntary mental health treatment. However, before a 5250 hold is granted, you will have the right to attend a certification review hearing.
You have the right to receive written notice as to why you are being held against your will and why mental health professionals are seeking a 5250 hold. You have the right to a patient’s rights advocate who can help you understand your rights. You also have the right to hire a private mental health attorney to advocate for your interests and help get you released from your involuntary hold.
During your 5250 hearing, overseen by a neutral third-party, healthcare providers and your attorney also introduce evidence to support their case. The hospital must prove probable cause to continue holding you in voluntarily. 5250 holds have multiple potential outcomes:
- You could agree to sign in as a voluntary patient.
- You could be referred to the Office of the Public Guardian to determine whether a conservatorship is necessary.
- You could be released from the 5150 hold.
- You could be released at any point during the 5250 hold.
- Healthcare providers could determine you need additional mental health treatment and attempt to obtain additional involuntary holds via 5270, 5300, or 5260 holds.
5150 & 5250 Holds FAQ
Here are the answers to some of the most frequently asked questions surrounding 5150 and 5250 holds:
How Can You Get Released from an Involuntary 5150 Hold?
During 5150 holds, the mental health treatment facility will be required to release you within 72 hours if they no longer believe you are a threat to yourself or others or require additional mental health treatment.
Suppose you are not released within 72 hours. In that case, you have the right to a Certification Review Hearing, at which point the treatment facility will attempt to convince a neutral third party that you should be held for at least 14 days for additional treatment. With help from your mental health attorney, you can file a writ of habeas corpus to challenge the involuntary hold.
Can You Avoid a Longer Hold?
You could avoid being placed on a more prolonged hold if you can show that:
- You are not a danger to yourself.
- You will not threaten to harm or harm yourself upon your release.
- You are not a danger to others or the public.
- You can take care of yourself without the assistance of a treatment facility.
- You can provide basic needs, including shoulder, food, or clothing.
Who Will Advocate for Your Rights?
You can get help advocating for your rights by contacting a patient’s rights advocate or your mental health attorney. Your patient’s rights advocate can help you understand your rights, while your mental health lawyer will work diligently to get you released from your involuntary hold.
Will a Hold Remain on Your Permanent Record?
Involuntary holds are noted on your medical records but are not reflected on your criminal record unless you are charged with a crime and convicted.
What Are Your Rights During an Involuntary 5150 or 5250 Hold?
Your rights may be limited during a 5150 hold. However, during a 5250 hold, you have additional rights. These include:
- The right to humane care
- The right to a patient advocate
- The right to your own clothing
- The right to use a phone
- The right to visitors
- The right to be free from abuse or neglect
- The right to religious freedom
- The right to education
- The right to possess money
- The right to writing materials
It is important to note that the mental health facility has the authority to do so if there is reasonable cause for denying any of the previously mentioned rights. However, they will need to show that allowing certain rights could cause severe damage to the treatment facility, injury or death to yourself or others, or infringe on the rights of other detainees.
Click to contact our Criminal Defense Lawyers today
Get Help from a Mental Health Lawyer Today
No matter why you were taken into an involuntary hold, you have rights. When you need help enforcing your rights but are unsure how to protect yourself, do not hesitate to contact a reputable mental health attorney at the Simmrin Law Group to discuss your legal options further. Please fill out our quick contact form or call our office to schedule your confidential case evaluation today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form