A 5150 patient is an individual who has been involuntarily detained for a mental health assessment in California. This temporary detention is authorized when a person is experiencing a severe mental health crisis and meets specific legal criteria for immediate intervention. The term “5150” refers directly to the authorizing section of the state’s law, which permits the initial hold for observation and evaluation.
The Legal Basis and Core Definition
The involuntary hold is authorized under the Lanterman-Petris-Short (LPS) Act, a California statute governing civil commitment for mental health treatment. This law was designed to end indefinite commitment while ensuring public safety and providing prompt crisis treatment. Section 5150 grants authority to certain professionals to take a person into custody against their will.
The 5150 hold allows for a psychiatric evaluation and crisis intervention for a period of up to 72 hours. This period begins immediately when the person is first detained, not upon arrival at the facility. The hold is not a criminal arrest, but a temporary restriction of liberty for professional assessment and stabilization. The individual must be released sooner if they are stabilized and no longer meet the criteria for involuntary detention.
Criteria for Initiation
For a 5150 hold to be initiated, designated personnel must have probable cause to believe that, as a result of a mental health disorder, the person meets one of three specific criteria. The first criterion is that the person is a danger to themselves, which includes suicidal threats, attempts, or actions that place them in serious physical jeopardy. This determination requires objective evidence of a present intent to commit suicide or inflict serious bodily harm.
The second ground for detention is that the person is a danger to others, meaning they pose an imminent threat to cause physical harm. This usually involves homicidal threats or actions demonstrating a clear and present danger to the safety of others. The focus for both danger criteria is the immediate likelihood of substantial harm, requiring an objective assessment of the person’s current mental state and behavior.
The third criterion is that the person is “gravely disabled.” An adult is considered gravely disabled if, due to a mental health disorder, they are unable to provide for their basic personal needs: food, clothing, or shelter. This standard requires an inability to make rational decisions about securing these necessities as a direct result of the mental disorder. This criterion focuses on the person’s functional capacity for self-care, distinct from the danger criteria.
The Process and Patient Rights
A 5150 hold can only be initiated by authorized personnel: a peace officer, a professional in charge of a county-designated facility, attending staff, or a designated member of a mobile crisis team. These individuals transport the person to a county-approved facility, often a psychiatric hospital, for evaluation and treatment. The purpose of this placement is to provide a safe environment for the immediate crisis to be managed.
Upon detention, the patient must be informed of their rights during the involuntary hold. These rights include the ability to make a phone call to notify someone of their location and the right to receive a written notice explaining the reason for the hold. Patients maintain the right to refuse certain treatments, except for emergency interventions necessary to prevent serious harm. Any denial of these rights must be documented and justified by the facility.
The patient is also entitled to the services of a patient advocate, who can help them understand the process and their legal protections throughout the 72-hour period. This advocate plays a role in ensuring that the facility adheres to the legal requirements of the LPS Act. The facility must complete specific documentation detailing the facts and probable cause that led to the decision to initiate the hold.
Post-Hold Outcomes
At the conclusion of the 72-hour assessment period, the treating professional must determine if the patient still meets the legal criteria for involuntary detention. If the patient is stabilized and no longer poses a danger to themselves or others or is no longer gravely disabled, they must be released.
If the patient requires further treatment but no longer meets the involuntary criteria, they may choose to sign in as a voluntary patient. This transition allows the individual to consent to their ongoing treatment plan.
If the staff determines the patient continues to meet the criteria and refuses voluntary treatment, the hold can be extended by a formal process known as a 5250 certification. This certification allows for an additional 14 days of intensive involuntary treatment. During this period, the patient is entitled to a certification review hearing to challenge the continued detention. Further 14-day holds (5260) are implemented for continued imminent risk of suicide, while conservatorship is reserved for cases of persistent grave disability.