In order to protect people who are in a mental health crisis, California law created a series of holds that allowed them to detain people involuntarily. These holds are for the purpose of protection, evaluation, and treatment. A 5250 hold allows the person to be held for 14 days for intensive treatment and assessment.
If you or a loved one is being held against your will under a 5250 hold, it is crucial to understand your rights and to have a Glendale 5250 hearings lawyer with Simmrin Law Group advocating on your behalf.
Determining a 5250 Hold is Necessary
The need for a 5250 hold, also known as an involuntary psychiatric hold, in Glendale, California, is determined by a licensed clinical psychologist, a psychiatrist, or other qualified mental health professionals. These holds typically follow a 5150 hold, though, in the case of a minor, that would be a 5585 hold. A 5150 and a 5585 hold are 72-hour long holds meant for treatment and evaluation.
72-Hour Holds Typically Come First
Why is a 5150 hold deemed necessary? California law allows for the following three reasons:
- A person who has threatened self-harm or suicide may be held because they are considered a danger to themselves.
- Someone who has threatened or attempted to harm others is considered a danger to others so they could be detained on a 5150 hold for 72 hours.
- The person is considered to have a “grave disability.” This means they are unable to provide for their own basic needs of food, shelter, and clothing.
14-Day 5250 Involuntary Psychiatric Detention
Following a 72-hour hold for the above reasons, depending on what the mental health professionals recommend, the hold may be extended to 14 days. This is a 5250 hold and allows for intensive therapy and treatment. A hearing will be held, and it is in your or your loved one’s best interest to have a Glendale 5250 hearings attorney present to advocate for you.
Here is a list of reasons that the court might decide that a 5250 hold is in order:
- If a mental disorder causes the party to be a danger to themselves or to others, they may be placed under a 5250 hold to ensure treatment for the next 14 days.
- Suffering from a mental issue that makes it impossible to provide for their own basic needs, such as shelter, food, and clothing, may mean that a 5250 hold is in order to protect and treat the person.
- The person may be held on a 5250 hold if, following the 72-hour 5150 evaluation, it is determined that they cannot make informed decisions about their treatment due to a mental disorder.
The 14-day program allows time to treat and to further evaluate someone who is struggling with a mental health crisis. Determining what course of treatment would most benefit them is critical to the next choices that will be made on their behalf. A 5250 hearings lawyer in Glendale can explain your rights and help you navigate the complex legalities associated with the mental health system.
You Have Rights in a Glendale 5250 Hold
It can be overwhelming and frustrating if you or your loved one is detained on a 5250 hold. A mental health advocate or an attorney can help you to understand the rights that you do have and how to apply them.
The following are rights that you or your loved one has when on a 5250 hold:
- You have the right to obtain medical and psychiatric treatment while you are detained. The facility where you are being held must provide you with medications, treatments, and therapies to stabilize your condition.
- You have the right to legal counsel. If you cannot afford one, the state will appoint one on your behalf.
- You may appeal the 5250 hold to challenge the reasons you are being detained.
- You have the right to visitation. Friends and family may come to visit you in the facility if it is determined that it would be in your best interest.
- You must be free from neglect and abuse while on a 5250 hold. You can expect to be treated with dignity and with respect.
Your precise rights will be determined based on the specific circumstances of your detainment. Some of these rights may be determined by the facility where you are held. Your 5250 hearings lawyer from Glendale will aid you in having a better grasp on your rights and how they should be applied.
What Happens After a 5250 Hold
After being confined for 14 days, the next steps are often a pressing concern. After being treated and evaluated, mental health professionals will determine the best course of treatment moving forward. You may be released, or other holds may apply.
The following may be decided by the court if it has been determined that you are not eligible to be released:
- For an additional 14 days of evaluation and treatment, you could be put on a 5260 hold.
- A 5270 hold would mean an additional 30 days of detention for treatment and evaluation.
- It is possible that 180-day detainment for intensive treatment may be in order through a 5300 hold.
- Following a 5250 hold, it could be determined that a 5352 hold or a temporary 30-day conservatorship is appropriate.
- A 5350 hold would appoint a permanent conservatorship for one year.
A Glendale 5250 Hearings Attorney Can Assist You
Any time legal matters are involved, it is vital to be represented by legal counsel. When mental health issues arise, it is even more critical to have a 5250 hearings attorney in Glendale with Simmrin Law Group can assist you in navigating the process.
We can represent you in the 5250 hearing. We understand how to challenge your detention by arguing and by presenting evidence on your behalf. We are ready to advocate for your rights.
Our goal during this traumatic experience is to advocate for you and ensure that you are treated fairly. Our Glendale 5250 hearings lawyers understand the complications surrounding mental health laws and the difficulties navigating them. We can offer you guidance concerning your rights and the options that are available to you.
Reach Out Today
The experienced legal team with Simmrin Law Group is ready to advocate for you to ensure you are treated fairly. Our compassionate approach can make a difficult situation far less overwhelming. Reach out today for a free consultation.