A 5250 hearing can have long-lasting ramifications. If a mental health facility determines you are a threat to yourself or others or incapable of taking care of yourself, it will argue that you should be placed on a 5250 hold. The facility can request the hold, even if it goes against your best interests to do so.
Simmrin Law Group has attorneys on staff to help you with a 5250 hearing. Reach out to a 5250 hearings attorney from our team. We can review your case and help you prepare for your hearing when you do.
What It Means to Be Placed on a 5250 Hold
Those placed on a 5250 hold are required to receive mental health treatment for up to 14 days. A Mental Health Hearing Referee must approve the hold. In a hold, a patient remains at the treating facility against their will.
A 5250 hold follows a 5150, which lasts up to 72 hours. A treating facility can recommend a 5250 for any of the following reasons:
- A patient threatens to harm themselves.
- A patient threatens to harm others.
- A patient does not show the ability to provide themselves with adequate food, clothing, and shelter.
A 5250 hearings attorney cannot guarantee that an individual can avoid a 14-day hold. Conversely, the lawyer makes sure their client’s legal rights are protected. This requires the attorney to learn about their client’s case and determine the best way to support this individual during their hearing.
How a 5250 Hearing Works
If a law enforcement officer or a healthcare professional has concerns about a person’s mental wellness, a 5150 hold can be enacted. This puts the individual in the care of a mental health facility for up to 72 hours. Treating facility staff may choose to recommend a 5250 hold based on how the patient responds to treatment.
During the hearing, the treating facility will present its recommendation to a mental health hearing referee. Meanwhile, a patient’s rights advocate will look at the recommendation and verify that it is appropriate and accounts for the patient’s rights. If a mental health hearing referee finds a recommendation is valid, it can put a 5250 hold into place.
A 5250 hearings lawyer makes sure their client receives proper legal representation. The attorney understands the ins and outs of cases in which a client’s mental health is called into question. Thus, the lawyer helps their client navigate a 5250 hearing and achieve the optimal result.
What to Do if a 5150 Hold Is Enacted
As soon as you are placed on a 5150 hold, listening to what the treating facility staff has to say is paramount. Remember, the staff wants you to receive appropriate mental health services. If you work in lockstep with the staff, you can get the help you need to feel your best.
It is crucial to follow instructions and show the treating facility staff you are capable of taking care of yourself and not a threat to yourself or others. To do so, you can eat, sleep, and clean up after yourself. Also, you can limit your interactions with others and avoid arguments.
A 5250 hearings attorney will get information about your 5150 hold and why it was enacted. Your attorney can use this information to prepare for your 5250 hearing. With plenty of information at their disposal, your lawyer is well-equipped to make sure your legal rights are protected during your hearing.
Possible Outcomes of a 5250 Hearing
A 5250 hearing is different from traditional court proceedings. The hearing is typically less formal than one someone would attend in a civil or criminal case. Regardless, you need to give your 5250 hearing the attention it deserves and plan for all potential outcomes.
There are three possible outcomes of a 5250 hearing:
- The 5250 is enacted. This means you are required to stay at a treatment facility for up to 14 days.
- The 5250 is not enacted, but you voluntarily stay at the treating facility. In this instance, a mental health hearing referee rules there is not sufficient evidence to warrant a 5250. However, you are given the option to voluntarily stay at the treating facility and can choose to take it.
- The 5250 is not enacted, and you leave the treating facility. If a mental health hearing referee rules you are mentally capable of surviving on your own and not dangerous, you are allowed to leave the treating facility.
Your lawyer can get you up to speed on all of the possible 5250 hearing outcomes. In addition, your lawyer helps you set realistic expectations for your hearing. That way, you know what can happen in the best- and worst-case scenarios.
A Closer Look at Your Legal Rights in a 5250 Hearing
You have legal rights in a 5250 hearing — and need to protect them accordingly. These rights include:
- The right to attend a Certification Review Hearing
- The right to have a lawyer represent you during your hearing
- The right to present evidence to support your claim
- The right to receive written notice that indicates why you are being held
- The right to receive help from a patient’s rights advocate that can explain your rights
It can be tough to advocate for yourself in a 5250 hearing. If you have concerns about your ability to present a compelling argument to support your claim, reach out to an attorney with 5250 hearing experience. The lawyer can work with you to build a strong argument and serve as your legal representation during your hearing.
In addition to representing you during your 5250 hearing, your attorney can explain all of your legal rights and offer tips and recommendations on how to protect them as well. Your lawyer will ensure you receive legal help as you prepare for your hearing and move forward with it. If you have legal concerns or questions along the way, your attorney can respond to them right away.
Partner with a 5250 Hearings Attorney Today
If you need help with a 5250 hearing, Simmrin Law Group can assist. To learn more or request a free consultation, please contact us today.