The term “5150” refers to a section of the California Welfare and Institutions Code, which legally allows for an emergency, involuntary psychiatric hold lasting up to 72 hours. This code provides immediate intervention when an individual is experiencing a severe mental health crisis and poses a risk. The process is inherently involuntary and must be initiated by authorized third parties. Therefore, an individual cannot “5150” themselves; the hold is a protective intervention placed upon them by specific professionals. Understanding this involuntary process is key to finding appropriate alternatives for seeking urgent mental health care.
Understanding the Criteria for Involuntary Holds
The 5150 hold is a measure of last resort, requiring authorized personnel to determine that an individual meets one of three specific criteria due to a mental health disorder. These criteria provide the probable cause necessary to legally restrict a person’s liberty for a short period of assessment and stabilization.
The first condition is being a danger to self (DTS), which involves observed behaviors or statements indicating suicidal intent or serious self-harm risk. The second criterion is being a danger to others (DTO), which requires evidence that the individual poses a threat of physical harm to another person. The third condition is grave disability (GD), meaning the person is unable to provide for their basic personal needs for food, clothing, or shelter as a result of a mental disorder.
The authority to initiate this hold is limited to peace officers, county-designated mental health professionals, and certain members of mobile crisis teams. These individuals make their determination based on direct observation or reliable information gathered during the crisis. Once initiated, the individual is transported to a designated facility for a maximum of 72 hours of evaluation and treatment. This short-term detention is a civil procedure intended for acute crisis intervention and stabilization, not a criminal arrest.
Voluntary Options for Seeking Immediate Help
Since the involuntary hold process cannot be self-initiated, individuals experiencing a mental health crisis have several voluntary options for seeking urgent care that offer more control over their treatment. One immediate resource is the 988 Suicide & Crisis Lifeline, which provides free, confidential support 24 hours a day, seven days a week, via call, text, or chat. Trained crisis counselors offer immediate emotional support and connect the person with local resources and stabilization services.
Another effective option is to present voluntarily to a hospital emergency room (ER) for a psychiatric evaluation. Upon arrival, medical staff check for any physical conditions that may be contributing to the mental health symptoms. Following medical clearance, a mental health professional conducts a thorough assessment to determine the appropriate next steps.
A third route is seeking voluntary admission directly to a psychiatric facility or an acute care center. Voluntary admission involves an intake assessment to confirm that inpatient care is the most appropriate intervention. By choosing to admit themselves, the individual retains greater autonomy over their treatment plan and generally has more control over the discharge process than someone placed on an involuntary hold.
Patient Rights During a Psychiatric Hold and Release Procedures
Even while under a 5150 hold, an individual retains several important rights designed to protect their well-being and autonomy within the facility. Patients must be informed of the reasons for their detention and their rights, often by a patient advocate or facility staff, in a language they can understand. The right to informed consent for medications and treatments is maintained, meaning a patient can refuse non-emergency psychiatric medication, though this refusal may be subject to review.
Patients also have the right to legal representation and access to a patient rights advocate, who can assist them in understanding the hold process and challenging the detention if they believe it is unwarranted. The 72-hour period is strictly for evaluation and crisis intervention, and the individual must be released sooner if the facility staff determines they no longer meet the involuntary hold criteria.
At the conclusion of the 72-hour hold, three primary outcomes are possible based on the clinical evaluation. The individual may be released if they are no longer deemed a danger to themselves or others or gravely disabled. Alternatively, the hold may be converted to a voluntary admission status, allowing the patient to remain for continued treatment with their consent. If the individual still meets the criteria for involuntary detention and refuses voluntary treatment, the facility may seek a certification for an extended hold, such as a 5250 hold, justifying up to 14 additional days of intensive treatment.