WHAT’S THE DIFFERENCE BETWEEN 5150 AND 5250?

In California, 5150 and 5250 are legal codes that allow for the involuntary psychiatric commitment of individuals who are deemed a danger to themselves or others due to a mental health crisis. While they sound similar, there are some key differences between 5150 and 5250 holds that you need to understand.

What is a 5150 Hold?

A 5150 hold, officially known as Section 5150 of the California Welfare and Institutions Code, allows for the involuntary psychiatric commitment of an individual for up to 72 hours (3 days). This is often referred to as a 72-hour hold or a 3-day hold.

For a 5150 hold to be initiated, the individual must be evaluated by a qualified professional such as a psychiatrist, psychologist, social worker, or designated mental health clinician. The evaluator must determine that the individual is a current danger to themselves or others, or is “gravely disabled” as a result of a mental health disorder. This means they are unable to provide their own food, clothing, or shelter due to their condition.

If the evaluator determines the individual meets these criteria, they can be transported against their will to a designated psychiatric facility for further evaluation and treatment. Law enforcement often assists with the transportation process when necessary.

Key Facts About 5150 Holds:

• Can only last up to 72 hours
• Initiated by mental health professional or law enforcement
• Requires dangerousness to self, others, or grave disability
• Results in involuntary commitment to psychiatric facility

What Happens During a 5150 Hold?

During the 72-hour 5150 hold period, the individual is evaluated and treated by mental health professionals at the psychiatric facility. The main goals are to provide stabilization care, conduct an in-depth evaluation, initiate treatment, and determine if longer-term involuntary commitment is necessary.

At any time during the 72 hours, if the mental health professionals determine the individual no longer meets 5150 criteria, they must be released. If the 72-hour period is up and criteria are still met, the hold can be extended with a 5250.

What is a 5250 Hold?

A 5250 hold, officially known as Section 5250 of the California Welfare and Institutions Code, allows for an additional 14 days of involuntary psychiatric hold after the initial 72 hours of a 5150. This is often referred to as a 14-day hold or 2-week hold.

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For a 5250 hold to be initiated, the psychiatric facility must conduct a certification review hearing while the individual is still on the 5150. They must provide evidence that the individual continues to be a danger to themselves or others, or gravely disabled due to a mental health disorder.

Legal Scenario: What Would You Do?

Scenario

Your adult daughter was placed on a 5150 hold after a mental health crisis at her apartment, and the hospital just informed you they are extending her stay by filing for a 5250 hold. You're confused about what this means for her rights and how long she can be kept against her will.

What is the difference between the 5150 and 5250 holds, and what can I do to challenge my daughter's continued involuntary commitment?

Attorney's Answer

Under California Welfare & Institutions Code Section 5150, your daughter could initially be held for up to 72 hours for emergency psychiatric evaluation if she was deemed a danger to herself or others, or gravely disabled. The 5250 hold extends that period for up to 14 additional days of intensive treatment, but it requires the facility to file a certification that she still meets the criteria for involuntary commitment. Your daughter has the right to a certification review hearing before a hearing officer, where she can contest the hold with legal representation. I strongly recommend requesting that hearing immediately and contacting a patients' rights advocate through the facility, as the burden is on the hospital to prove the extended hold is justified.

This is general information only. Contact us for advice specific to your situation.

If the hearing officer agrees, the individual can be held for treatment up to 14 additional days. They must be informed of their rights and the reasons for the extended hold.

Key Facts About 5250 Holds:

• Extension of a 5150, up to 14 days
• Requires certification review hearing
• Continued dangerousness or grave disability must be shown
• Involuntary commitment continues at psychiatric facility