In Los Angeles, residents experiencing episodes of mental illness or crisis may be placed under a 5150 hold. Though the purpose of these holds is to protect people from harming themselves or anyone else and to provide mental health care, they can be issued in error and significantly disrupt a person’s life. They can also lead to additional potentially unnecessary holds or treatments.
Do not delay in contacting a Los Angeles 5150 holds lawyer with Simmrin Law Group if you or a loved one has been placed on a 5150 hold. You need someone knowledgeable in mental health laws and experienced in handling 5150 cases fighting for you and keeping you from unwarranted detainment. Get in touch with our Los Angeles mental health lawyer today.
What It Means to Be Put on a 5150 Hold
If you show signs of mental crisis, you can be involuntarily detained for evaluation in a medical health facility under California Welfare and Institutions Code 5150. You cannot refuse the detainment, which can last up to 72 hours.
WIC 5150 is intended to protect Los Angeles residents suffering from a possible mental illness or disorder from hurting themselves or someone else and to give mental health resources to those in need.
For a free legal consultation with a 5150 holds lawyer serving Los Angeles, call (310) 896-2723
How You Can Be Put Under a 5150 Hold
You can only be put on a 5150 hold if you show probable cause:
- You self-harm or threaten to harm or kill yourself
- You harm or threaten to harm other
- You show signs of grave disability. For example, you cannot provide yourself with basic life necessities, such as food, shelter, or clothes
5150 holds can be initiated by police officers, mental health professionals authorized within their county, licensed members of mental health crisis teams or mental health facilities, or hospital personnel who contact individuals with authority to carry out the hold.
The hold can only take place in a health treatment center authorized to offer psychiatric care. The 72-hour clock starts ticking at the time you are taken by the 5150 petitioners to the care center.
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What Happens During a 5150 Hold
As a mental health facility patient, you have certain undeniable rights, and you must be informed of them immediately. These rights include but are not limited to, your right to:
- Privacy, dignity, and human care
- Be free from harm. “Harm” can include unwarranted or disproportionate physical restraints, isolation, being medicated by force, or experiencing other forms of abuse or neglect
- Be medicated properly and safely. Medication can not be used to punish you, to make you more compliant, used in place of other treatments, or given in doses that interfere with other treatment methods
- Prompt care and treatment
The facility must also provide you with paperwork explaining the justification for the 5150 hold, including the following:
- The specific circumstances and symptoms that prompted the attention of law enforcement or medical personnel
- Evidence supporting that you are a danger to yourself, to others, or are gravely disabled. The evidence has to be fact-based.
During your 72-hour hold, you will be put under observation. A mental health care team will observe and evaluate your situation and needs. If you are medically cleared prior to the 72-hour limit, you may be released early. However, the team may also decide you need further assessment and treatment and seek to hold you beyond 72 hours.
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When to Call a Los Angeles 5150 Holds Attorney
After the hold is issued, you have the right to call someone to let them know where you are being taken. You can also use this phone call to contact a 5150 holds attorney in Los Angeles or have a family member, friend, or caregiver make the call for you. Whatever the caller’s identity, you want to secure a legal advocate promptly.
The sooner your lawyer has access to your situation, the sooner you can receive critical legal protection and support. Despite their good intentions, 5150 holds can still be issued erroneously. Since these holds can lead to further involuntary treatment, you want a skilled 5150 holds lawyer in Los Angeles protecting your rights and standing by your side.
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Outcomes Following a 5150 Hold
If the team evaluating you determines you are not ready for release upon the 72-hour deadline, they will likely pursue a 5250 hold. This is an involuntary 14-day detainment for continued evaluation and treatment.
Though your mental health records are confidential, an employer, teacher, and just about anyone else you have regular contact with will notice a 14-day absence. If your condition does not warrant such measures, the detainment will inflict serious complications on your life. A 5150 holds attorney in Los Angeles will fight for your release with skill and strength.
Again, the medical team must submit documented evidence to support their request, and you must receive notice of it in writing. Evidence must show you continue to be a danger to yourself or others or show symptoms of grave disability. If you disagree with their decision or believe you are being held illegally, you have the right to a Certification Review Hearing.
Certification Review Hearings
Your 5150 holds lawyer in Los Angeles will guide you through the Certification Review Hearing process and represent you at all proceedings. The hearing must occur within four days of your notification.
At the hearing, you are allowed to present evidence to show why you believe your condition does not warrant additional detainment or to show how the detainment is illegal. However, the burden of proof ultimately falls on the facility to prove why a 5250 is necessary.
Your lawyer will present relevant evidence and also help you exercise your right to question those seeking your continued detainment.
Contacting a Los Angeles 5150 Holds Lawyer Serves Your Best Interests
Three days, or 72 hours, may seem like a long time to be held for involuntary mental health treatment. However, important decisions about your life are made rather quickly in those three days.
To ensure those decisions do not work against you, talk to a 5150 holds attorney with Simmrin Law Group as soon as you can after being placed under a 5150. We will give you the customized, powerful representation you need.
Call or text (310) 896-2723 or complete a Free Case Evaluation form