Anaheim residents who show specific signs of mental distress can be placed under a 5150 hold for a potential three-day mental health evaluation. These holds are meant to protect Anaheim residents, including those experiencing distress and those who may be harmed by and those suffering from a possible mental issue. However, they can lead to additional interventions that may not be necessary and will disrupt the life of the person facing detainment and treatment.
To protect yourself from unjustified interventions and detainment in a medical facility, contact an Anaheim 5150 holds lawyer as soon as possible. Your lawyer will listen to your situation and work toward an outcome that meets your needs and respects your rights.
Understanding 5150 Holds
Under California’s Welfare and Institutions Code 5150, if a person is a danger to others or themselves or is unable to provide for their own basic needs of food, shelter, or clothing because of a mental health crisis or disorder, the person can be involuntarily detained in a mental health facility or hospital for 72 hours.
A peace officer, mental health or hospital facility staff member, or other designated professional can transport the person in distress to a facility authorized to provide psychiatric care.
During the 72-hour stay, the detained person will undergo continuous assessment and evaluation. If warranted, the person will receive crisis intervention or other appropriate treatment. The 72-hour period begins when the person is first detained.
For a free legal consultation with a 5150 holds lawyer serving Anaheim, call (310) 896-2723
What Rights You Have Under a 5150 Hold
If you are placed under a 5150 hold, you cannot refuse detainment. However, you do have rights that must be upheld.
You must be given the opportunity to gather the necessary belongings to take with you.
Those taking you into custody must take reasonable measures to protect your personal property and belongings.
You must be afforded a phone call to let someone know where you are being taken. To protect yourself fully, call or have a loved one call a 5150 holds lawyer in Anaheim for representation.
You must receive a written copy of the petition stating the reasons for your detainment and evaluation, and the petition must contain specific information such as details verifying your and the petitioner’s identity, facts supporting the basis for the petition, and the names of those responsible for taking care of you.
You have the right to speak with a patient’s rights advocate who is not involved in your clinical evaluation or care. The facility holding you must inform you of this right and other rights included in the Rights for Individuals in Mental Health Facilities Handbook upon your admission.
You must be evaluated during your detention, with the evaluator taking your medical, psychological, social, educational, financial, and legal circumstances under consideration.
You may accept or refuse to take antipsychotic medications. These drugs can only be administered once the doctor has provided written and verbal information regarding their effects and side effects and you have given informed consent. In some emergency cases, medications may be administered without your consent if the judge decides you are not capable of making the decision for yourself.
Anaheim 5150 Holds Lawyer Near Me (310) 896-2723
Why You Need an Anaheim 5150 Holds Lawyer
With a lawyer experienced in mental health cases and laws representing you, you have the assurance that someone is fighting for your best interests. The facility, upon your evaluation, may decide to release you early or hold you for the full 72 hours. However, if they deem more treatment necessary, they can issue a 5250 hold or other measures to extend your detainment and treatment.
While law enforcement and medical personnel may act with the best of intentions, they can still make mistakes. If further holds are unwarranted or unnecessary, or you believe your detainment is illegal, your lawyer will fight to have them prevented or removed.
Mental health laws and procedures are complicated, and you need an advocate with extensive knowledge of and extensive experience with navigating these laws. Additionally, as a person under mental health evaluation, it is easy to feel that others are not listening to you even as they make decisions about your care. Your Anaheim 5150 holds attorney will serve as your voice, speaking on your behalf and ensuring your input is heard.
Potential 5150 Hold Outcomes
When you have a 5150 holds lawyer in Anaheim representing you, you are in the best position to understand and if, necessary, fight against the potential outcomes following your 72-hour detainment.
At the end of the 72 hours, several outcomes can occur:
- You will be released
- You will have signed into treatment as a voluntary patient
- You will be issued a 5250 for an additional 14-day involuntary placement in a facility for treatment
If your treatment facilitators decide to issue a 5250 hold, you must be notified in writing. The notification must include a justification for the additional 14 days. If you do not agree with this decision, you have the right to request a Certification Review Hearing.
If you make that request, your hearing must occur within four days of your request. At the hearing, your 5150 holds attorney in Anaheim will provide you will critical representation.
Making a Request for a Habeas Corpus Hearing
You can request a Habeas Corpus hearing if you are put on an extended hold and believe you are being unjustly detained. Making the request does not mean you will definitely get a hearing. Speak to your lawyer for an explanation of the possible outcomes of such a hearing and for guidance in making the actual request.
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We Are Here to Help
Being placed under a 5150 hold can be frightening in itself. Knowing you can be further detained or face additional involuntary treatment following the 5150 makes your situation even more precarious. You do not have to, and should not, face these circumstances alone or without the help and protection of an experienced Anaheim 5150 holds lawyer. Speak to a lawyer today for a free case review.