Individuals suffering from mental health crises can be put on a three-day psychiatric hold. During those 72 hours, mental health professionals will evaluate the individual and decide on further treatment. While these holds can help individuals who are in distress or endangering the lives of others, they can also be detrimental and unnecessary in some situations.
You must protect yourself from detainment and other intervention efforts. The person in detainment will suffer consequences and a disruption in their daily life.
Protect yourself and your future by calling a 5150 lawyer in Pasadena, CA. The Simmrin Law Group will listen, review your case and protect your rights.
The 5150 Hold Process
A psychiatric hold usually commences when someone is concerned for the safety and well-being of an individual or fears the individual will harm someone else. The person can contact the local police department or law enforcement agency to assess the situation. Once the officer arrives, they will complete their assessment and check the criteria of a 5150 hold against the person’s actions.
Some actions officers will take during the evaluation include:
- Questions about the individual’s behavior and mental state
- Look for substance abuse
- Checking the person’s physical condition
If the criteria are met, the individual is taken into custody and sent to a treatment facility for observation. The parties that can initiate these holds are family members, friends, or a mental health professional. Sometimes a neighbor will hear a commotion outside and call emergency services, but they have no right to ask for a 5150 hold.
How These Holds Happen
If a person is a danger to themselves or others or cannot provide basic needs due to a mental health disorder or crisis, they can be put on a 5150 hold. Sometimes a loved one will call the local police department for assistance which can result in misunderstandings and severe consequences. People suffering from these issues can also voluntarily put themselves on a hold, which has different legal outcomes than involuntary holds.
The people who can transport the patient to a psychiatric facility include:
- Peace officer
- Mental health staff member
- Hospital staff member
- Other designated professionals.
While in the facility, the patient will be observed and undergo a mental health evaluation. The patient can then receive treatment or crisis intervention services. A lot will happen during this hold, and most are out of the person’s control. Individuals cannot refuse detainment but do have some rights.
Your Rights Under 5150 Holds
An involuntary detainment can feel like your rights are being infringed upon, but you have some fundamental rights during this time. First, you will have property protection which means you can gather property to take into custody.
While in custody, the facility must take measures to protect your belongings. You will have the right to make a phone call and let someone know you are being sent to a psychiatric facility. You should ask them to speak with a 5150 attorney in Pasadena, CA, during the call.
You must receive a written petition copy that outlines your detainment, evaluation, and verification of your identity. It will also have facts supporting the detainment and who cares for you. You can speak to a patient’s rights advocate who is not caring for you.
An evaluation is not only necessary but also a right. The mental health professionals should include information regarding your financial, psychological, social, legal, education, and medical circumstances. You have the right to refuse or accept antipsychotic medications in most cases.
Outcomes of 5150 Holds
Your involuntary detainment will have different outcomes. These outcomes can lead to further consequences on your life and health. Having 5150 holds attorneys representing you makes it easier to understand potential outcomes and prepare.
Three things can happen at the end of the 72 hours. The first is you are released and can carry on with your life. You can also stay as a voluntary patient and obtain further care.
The last potential outcome is you will be put on a 14-day involuntary 5250 hold in the treatment facility. You must speak to your Pasadena 5150 holds lawyers about possible outcomes and available actions you can take. You will be notified in writing if you are placed on an additional hold, and if you disagree, you can file a Certification Review Hearing, which will happen within four days.
You can also request a Habeas Corpus hearing if you are at risk of being put on an extended hold.
How a Pasadena 5150 Holds Lawyer Can Help
A potential outcome of the 5150 is that the medical facility will also issue a 5250 hold. You will need 5150 holds lawyers with knowledge of mental health care and the laws relevant to these cases. You want someone who will fight for your rights and your best interest.
Sometimes after an evaluation, you will be released before the timeline. The other option is that your hold is enacted, and you are left in the facility for 72 hours.
Mental health laws are complex, and those in charge of enacting these laws can do so negligently. You need an advocate during this time because while the staff and the people who put you in the facility seem to have your best interest in mind, grave mistakes can happen. Further holds and unwarranted treatment can impact your life.
Contact the Simmrin Law Group Today
A person’s mental state or function should not hinder them from freedom. Police officers who respond to scenes are ill-fitted to determine a person’s mental state after a few questions. While mental services are essential for the safety and health of everyone, when they are misused, it leads to harsh consequences.
5150 holds are meant to provide immediate care for individuals in danger. You must ensure you have a Pasadena 5150 hold lawyer representing your best interests. Seeking legal assistance immediately is crucial when someone is on a 5150 hold in Pasadena.
The Simmrin Law Group can help individuals detained in these holds.