A mental health crisis can take many forms, but it often leads to an inability to care for yourself or even poses a danger to yourself or others. When that happens in California, law enforcement or medical professionals may place you on what’s known as a 5150 hold.
The purpose of a 5150 is to allow for a 72-hour psychiatric evaluation. If, after that evaluation, the facility believes further treatment is necessary, they may place you on a 5250 hold. Because these holds are involuntary, it’s important to understand your rights and what to expect.
This article provides an overview of 5250 holds, including what they are, what your rights are, and where to find help.
What is a 5150 hold?
Before we talk about a 5250, it’s important to understand the 5150. A 5150 is a 72-hour involuntary psychiatric hold. This means that if a person is considered a danger to themselves, a danger to others, or “gravely disabled,” they can be held in a psychiatric facility for up to 72 hours.
What does it take to initiate a 5150?
- An immediate risk of suicide or self-harm
- Threats or violence toward other people
- An inability to take care of basic needs like food, clothing, and shelter (this is what’s meant by “grave disability”)
5150s are often used in cases of severe mental illness, such as schizophrenia, bipolar disorder, major depression, borderline personality disorder, and PTSD.
What is a 5250 hold?
A 5250 hold is basically an extension of the initial 5150 hold. It allows doctors to continue involuntary treatment of someone with a mental illness for up to 14 days. It’s important to know that a 5250 hold isn’t automatic. It has to be certified by a qualified mental health professional.
A 5250 hold can happen when:
- The person continues to be a danger to themselves or others.
- The person is still considered gravely disabled.
- The person is unwilling or unable to accept treatment voluntarily.
- The person has stated that they intend to leave treatment against the advice of their treatment team.
In short, a 5250 hold is a way to ensure someone gets the mental health care they need, even if they can’t or won’t agree to it themselves.
The 5250 Certification Review Hearing: Ensuring Due Process
If a doctor or qualified professional has placed you or a loved one on a 5250 hold, it’s essential to understand that you have rights. A Certification Review Hearing is designed to ensure those rights are protected and that there’s enough evidence to justify the extended hold.
These hearings must be held within a specific timeframe, often within four days of the 5250 hold being initiated.
Your rights during the hearing
During the hearing, you have the right to:
- Attend the hearing
- Receive written notice of the hearing
- Present evidence and call witnesses to testify on your behalf
- Cross-examine any witnesses who testify against you
- Be represented by an attorney
The role of a patient’s rights advocate
A patient’s rights advocate can be a valuable resource during this process. These advocates are trained to help you understand the hearing process and ensure your rights are upheld. They can offer guidance, support, and advocate on your behalf to ensure your voice is heard.
The importance of legal representation
A 5250 hold can feel overwhelming, both for the person being held and for their loved ones. That’s why it’s so important to seek legal guidance if you or someone you care about is facing this situation.
Why an attorney is crucial
An attorney can make sure your rights are protected throughout the 5250 process. Lawyers understand the legal guidelines for involuntary holds, and they can challenge the basis for the hold if it’s not justified.
Challenging the hold
A lawyer can argue that there’s not enough evidence to support the claim that the person is a danger to themself or to others, or that they’re gravely disabled. They can also look for procedural errors that may have occurred during the 5150 or 5250 process.
Alternatives to a 5250 hold
An attorney can help you explore options such as voluntary treatment or less restrictive alternatives, and they can negotiate with the facility to develop a treatment plan that addresses the person’s needs while respecting their autonomy.
Can I get out of a 5250 hold?
Yes, it is possible to be released from a 5250 hold before the end of the 14-day period. The best way to do this is to show that you’re willing to participate in treatment and that you’re stable. You’ll need to demonstrate that you’re not a danger to yourself or anyone else and that you can care for your basic needs.
If you believe you’re being held unfairly, you can file a legal challenge called a Writ of Habeas Corpus. This asks a court to review your case and decide if the hold is legal. It’s best to speak with an attorney about whether this is the right course of action for you.
Conclusion
A 5250 hold is a legal tool that allows a person experiencing a mental health crisis to receive intensive treatment for up to 14 days. If you or someone you know is placed on a 5250 hold, it’s vital to remember that the person has rights and should be treated with respect and dignity during this vulnerable time.
If you or a loved one are facing a 5150 or 5250 hold, seek help from qualified professionals. An attorney specializing in mental health law can help you protect your rights.
Understanding the purpose and process of a 5250 hold can help us advocate for the rights of people experiencing mental health emergencies.