Adults usually have the right in the United States to decide for themselves whether or not to go to the hospital. However, if they are a danger to themselves or others because of their mental state, they can legally be committed to a mental health institution if that threat is involved.
This forced, involuntary hospitalization should only occur when no other options are available for someone. But therapy for those with mental illness and unpredictable behavior is a better choice than jail time in the long run.
How long can someone be held in a psych ward? And how long does a patient have the option of remaining in a mental health facility after being committed against their will?
What Are the Different Types of Forced Psychiatric Hospitalizations?
There are three kinds of involuntary hospitalizations due to a patient’s mental state, which include:
Preventive Confinement
This type of confinement is used in emergency situations for people who, because of their mental state, show that they are in immediate danger to themselves or others. The patient can be kept in hospital confinement for up to 72 hours without consent from a judge.
Temporary Confinement
With a judge’s permission, someone can be kept in temporary confinement in a mental health hospital for a psychiatric exam. Confinement can be extended for up to 144 hours.
Court-Authorized Confinement
If two psychiatrists decide that a patient should stay in the hospital because they are a danger to themselves or others, court-authorized confinement can be ordered by a judge, who will decide how long the patient can remain in the hospital.
For a free legal consultation, call (310) 896-2723
What Is a 72-Hour Hold?
A 72-hour hold, or 5150, is an involuntary treatment in a mental health facility. The patient must meet at least one of these criteria because of a mental health disorder:
- They are a danger to themselves and have threatened or attempted self-harm or suicide.
- They are a danger to others, making threats or attempts to harm others.
- They have a grave disability and are unable to provide their own basic needs, such as food, clothing, and shelter.
What Happens After a 72-Hour Hold?
After the 72-hour involuntary hold, there are several options for the patient:
- The patient is deemed successfully treated and no longer meets any of the three criteria.
- The patient accepts voluntary treatment.
- The patient’s 72-hour hold is extended into a 14-day involuntary, or 5250 hold, for more intensive psychiatric treatment because the patient still meets one of the criteria.
- The patient is referred to the Office of the Public Guardian for a conservatorship.
Click to contact our Criminal Defense Lawyers today
What Is a 5250 Hold?
An extension of a 5150, a 5250 hold is a 14-day involuntary hold in a mental health facility or a hospital. To extend the hold, the attending hospital staff must allow the patient to have a Certification Review Hearing and a written notice that explains the specific reasons why they are being held.
During the hearing, the patient also has the right to a patient’s rights advocate to help them understand their rights and best interests or a criminal defense attorney. A neutral hearing officer will hear the testimony of the hospital staff, the patient’s rights advocate, and possibly any family members of the patient who are present to decide if there is enough evidence to continue the hold.
Complete a Free Case Evaluation form now
What Happens After a 5250 Hold?
Just as a 5150, there are several possible outcomes for the patient during and after a 5250 involuntary 14-day hold, which include:
- The patient can potentially be released before the 14-day hold by permission from attending staff at the mental health facility, at a certification hearing, or at a habeas corpus hearing, where a judge reviews the legalities of the patient’s case and whether or not their rights were violated.
- The patient agrees to be a voluntary patient.
- The hospital staff assigned to the patient determines that they need more treatment and should be placed on another hold.
- The patient is referred to the Office of the Public Guardian for a conservatorship.
How Do You Define Danger in a Psych Ward?
Saying that someone is a danger to themselves or other people is the sole reason for them to be involuntarily hospitalized in a mental health facility.
But how is that determined? “Danger” can vary from situation to situation, but these key elements must always be present for someone to be held against their will:
- The danger must be clear and specific, based on actions, words (written or verbal), and behavior.
- The danger must be caused by their mental state.
- The risk of danger must be high and or likely.
- The danger must be happening now or very soon.
How Do You Avoid a Longer Hold in a Psych Ward?
To avoid an extension of your hold in a psych ward, you need to show that the reason you were first placed in an involuntary hold is not a concern any longer.
Consider these important tips:
- If you were placed on a hold for being a danger to yourself, do not make threats to harm yourself or take action to cause harm during the hold and after your release.
- If you were placed on a hold for being a danger to others, do not be argumentative with those around you, be respectful, and do not touch anyone unless hospital staff instructs you to do so.
- If you were placed on a hold for a grave disability, show that you can take care of yourself at the mental health facility by eating, sleeping, and cleaning yourself regularly.
It would also help your case if you reach out to someone, like a friend or family member, who can help you with treatment and your basic needs after your release and have them submit a letter to the court.
Can an Attorney Help Limit Your Time in a Psych Ward?
After you have completed a 72-hour hold in a psych ward, you are legally entitled to a patient’s rights advocate or a criminal defense attorney, who will definitely help to advocate for your legal rights in your case and look out for your best interests.
Call or text (310) 896-2723 or complete a Free Case Evaluation form