How Long Can a Psych Ward Hold You In California on a 5150?

California Involuntary Hold Process

In California, individuals deemed to be at risk due to mental illness can be subject to an emergency 72-hour hold, commonly known as a “5150” hold. This intervention, authorized by law enforcement officers and mental health professionals, is based on the Lanterman-Petris-Short (LPS) Act, a segment of California’s Welfare and Institutions code “5250” governing involuntary civil commitment. The criteria for placing somebody on a 5150 hold include if they are considered a danger to themselves (DTS), a danger to others (DTO), or if they are deemed “gravely disabled” (GD) due to their mental condition.

It’s important to note that while dangerousness is a factor in the application of 5150 holds, their primary purpose is to link individuals experiencing mental health crises with appropriate mental health services rather than solely to prevent community violence. Notably, placing on a 5150 hold alone does not automatically trigger a firearm prohibition. Therefore, if concerns about potential firearm-related harm arise, additional interventions should be considered alongside the 5150 hold.

Drawbacks of 72-Hour Holds

Critics argue that involuntary holds have detrimental and stigmatizing effects on patients, potentially failing to produce meaningful outcomes and even exacerbating mental health symptoms.

Consequently, 72-hour holds remain a contentious issue in mental health circles. Mental health professionals, obligated to breach confidentiality in certain circumstances, face ethical challenges in assessing the risk of harm accurately.

Individuals may withhold or exaggerate their struggles due to fear of hospitalization, particularly those with severe mental illness or a history of suicidal behavior. Involuntary hospitalization can contribute to mistrust toward mental health practitioners, hindering the receipt of necessary post-discharge care. This cycle of mistrust poses a significant barrier to accessing effective mental health services.

What to Anticipate During a 72-Hour Psychiatric Hold in California

If your family member or friend has been placed under a 72-hour psychiatric hold in California, you may be curious about the process. Typically, the hold involves the careful observation and assessment of the individual to determine if they require extended treatment for their mental health condition. The procedure unfolds as follows:

1. Upon arrival, the patient undergoes inquiries about themselves and their symptoms.
2. Hospital staff provides the patient with fresh clothing.
3. Communication with individuals outside the hospital is generally restricted, although exceptions may be made in certain circumstances.
4. A team comprising doctors and psychiatrists convenes to discuss the patient’s condition and devise an appropriate treatment plan.

While the majority of patients in psychiatric holds adhere to facility rules and engage cooperatively, in rare instances, physical restraints may be necessary if a patient exhibits agitation or aggression.

Upon completing the evaluation by mental health professionals, a determination is made regarding the patient’s discharge or the necessity for further treatment.

What Occurs Following the 72 Hours?

If an individual continues to meet the criteria for involuntary confinement, a 5250 certification may be issued by the attending psychiatrist, allowing for up to 14 days of intensive treatment. Patients obtain a physical copy of the certification, similar to the 72-hour hold, with the 14-day duration being the maximum timeframe. Depending on symptom severity and prognosis, some patients may be released before the 14-day period ends.

All patients are entitled to an automatic certification review hearing, where a patient rights advocate typically represents them. While informal, this hearing assists the hospital in determining whether there are valid reasons to extend the patient’s involuntary hospitalization. The final decision lies with the hearing officer, who may discharge the patient if no compelling reasons for continued confinement are found or authorize an extension of care for an additional fourteen days if warranted.

How Defense Attorneys Can Help

If you or someone you know has been placed on a 72-hour psychiatric hold in California, consulting a mental health lawyer can be beneficial. They can assess the legality of the hold, advocate for the patient’s rights, and ensure proper treatment. Here’s what a mental health attorney can do:

1. Assess the legality of the hold and assist in getting the patient released if necessary.
2. Advocate for the patient’s rights during and after the hold.
3. Explain the process of a 72-hour psychiatric hold in California.
4. Ensure the patient is receiving appropriate treatment and care.
5. Monitor medical staff adherence to protocols.
6. Address any violations of the patient’s rights during the hold.
7. Assist in involuntary commitment if required.
8. Clarify the distinction between a 5150 and a 5250 hold.
9. Address any questions or concerns you may have.

Once you’ve concluded a 72-hour stay in a psychiatric facility, it’s crucial to have a patient’s rights advocate or an attorney by your side. They will ensure your rights are protected and advocate for your best interests.

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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.