Although many people 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 in your family has been held involuntarily, you still have legal options. Our Los Angeles mental health lawyers 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 peace officers take people into custody and place them in an involuntary treatment facility for a 72-hour hold. 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, such as family members or the public.
After the 72-hour hold 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.
What Mental Illnesses Qualify For a 5150 Hold?
A 5150 hold can be placed on people if they are experiencing a mental health crisis due to a suspected mental health disorder that is likely to result in harm to themselves or others. The most common mental illnesses that may lead to a 5150 hold include:
- Schizophrenia: A severe mental illness that causes disturbances in a person’s thoughts, perceptions, emotions, language, sense of self, and behavior.
- Bipolar disorder: This mental illness is characterized by extreme mood swings between mania, hypomania, and depression. During manic or depressive phases, people may be at risk of harming themselves.
- Major depressive disorder: Persistent feelings of sadness and lack of energy that can last for weeks and impact people’s ability to function normally. The risk of suicide is higher during major depressive episodes.
- Borderline personality disorder: A pattern of ongoing instability in interpersonal relationships, self-image, and emotions. People who experience symptoms like suicidal behavior, self-harm, and impulsivity can pose risks.
- Post-traumatic stress disorder: Development of symptoms like flashbacks, nightmares, or severe anxiety after experiencing or witnessing a traumatic event. Suicidal risk may be higher for people during periods of severe symptoms.
The key factor is whether the mental illness is likely to result in harm to the person or others, either due to loss of reality, impaired judgment, or inability to care for oneself due to severe symptoms.
5250 Holds
5250 holds are an extension of a 5150 hold. While 5150 only imposes a 72-hour hold, 5250 holds can include up to 14 days of involuntary mental health treatment.
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.
What Often Causes a 5250 Hold?
A 5250 hold differs from a 5150 in that it occurs when a person who was initially placed under a 72-hour 5150 hold is deemed by medical professionals to be still unable to care for themselves safely or is unwilling to accept voluntary treatment and continued care upon the 5150 expiration.
Common situations that may lead to a 5250 hold include:
- The person is not following the recommended treatment plan, including refusing to take necessary medication during the initial 5150 period in the hospital. This indicates they will likely get worse without involuntary treatment.
- Medical evaluations determine the person’s mental illness is still acute and the symptoms are severely impacting their ability to function or make rational decisions about care.
- The person expresses intentions to stop treatment or leave the hospital against medical advice before the end of the 5150 hold, suggesting they are unwilling to continue voluntary care.
- Acute risk factors like recent suicidal attempts or threats, violent behavior, inability to meet basic self-care needs, or dangerous, delusional beliefs are still present and likely to cause harm without an extended involuntary hold in the hospital.
5150 and 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 or hospital will be required to release you after the 72-hour hold 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.
A rights advocate can answer any questions you have about your situation. In addition to helping you understand your rights, a patient’s rights advocate can provide you with emotional support.
Will a Hold Remain on Your Permanent Record?
Involuntary holds are noted on medical records but are not reflected on criminal records unless you are charged with a crime and convicted. If you were charged during your mental health crisis or either hold period, our team at Simmrin Law Group can be your rights advocate.
Our Los Angeles criminal defense lawyers can examine your case and build a strong defense to fight any charges.
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. As a person during an involuntary 5250 hold, you have the following rights:
- The right to humane care
- The right to a patient advocate
- The right to your 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.
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. We know that being placed on a 5150 or 5250 can be a scary time for you and your family; we’re here to help.
Please fill out our quick contact form or call our office to schedule your confidential case evaluation today.