If you voluntarily admitted yourself to a mental hospital, you can generally leave the facility without being discharged. However, this right is not absolute and may be subject to certain limitations and procedures, depending on the circumstances.
California’s mental health laws are intended to protect those experiencing mental illness from harming themselves or others. Sometimes, a single bad moment can lead to long battles with the court system and extended stays in a mental health facility. If you or a loved one is in a mental health facility, you must know your rights and when you can leave that facility.
At Simmrin Law Group, we’ve helped people fight criminal charges that they’ve been given due to their mental health struggles. For clarity, support, and legal protection, call an experienced Los Angeles mental health lawyer.
Can I Leave a Mental Health Facility if I Entered Voluntarily?
Under California WIC 6000, as an adult, if voluntarily admit yourself to a mental hospital, you can you leave “at any time by giving notice of his desire to leave to any member of the hospital staff and completing normal hospitalization departure procedures.” If you are under a conservatorship, your conservator will give that notice.
For minors who are in the facility voluntarily, a parent, guardian, conservator, or other custodial figure can provide notice on the minor’s behalf. If the minor turns 18 while under voluntary care, they can provide notice themselves.
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Can I Leave a Facility if I am There on a 5150?
A 5150 in California is an emergency 72-hour involuntary hold in a mental health facility. Only police officers and authorized mental health professionals can make the decision to issue 5150 holds. They can only place you under one if they believe you are a danger to yourself, a danger to others, or are gravely disabled because of mental illness and cannot provide for your needs of food, shelter, or clothing.
If you are put in a hospital under a 5150, you cannot leave before the 72 hours are up unless, after observing and assessing your condition, the facility sees fit to discharge you.
What if the 5150 Hold Is Unwarranted?
You have the right to speak with a patient or legal advocate. If you believe you have been put under a hold unnecessarily or even illegally, call a mental health attorney as soon as possible upon your admission to the facility. Your 5150 hold lawyer will represent your interests and work to protect you from potential additional holds.
What Happens at the End of a 5150?
At the end of a 5150 hold, you will face three possible outcomes:
- You will be discharged from the facility.
- You will sign on for continued voluntary in-patient treatment.
- You will be notified of the hospital’s request to extend your involuntary treatment under a 14-day 5250 hold. If you receive this notification, you can challenge the request in a Certification Review Hearing that must occur within four days of that notice.
The hearing is automatic. You do not have to request it. To ensure your voice is heard and your rights are protected, have an experienced mental health lawyer represent you at the Certification Review Hearing. Your lawyer can challenge the facility’s claims and offer evidence to support your release.
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Can I Leave if I Disagree with the Outcome of the Certification Review Hearing?
At the hearing, a neutral party or “referee” will listen to the evidence and determine if the 5250 hold is warranted. If this party rules for the hold, you may file a Writ of Habeas Corpus to challenge the ruling in court. Your mental health lawyer will handle the filing for you and help you prepare and collect evidence for the trial if it is granted.
Unlike the Certification Review Hearing, Habeas Corpus hearings are not automatic or guaranteed. You cannot leave the facility as you await trial.
If the trial is not granted, you must remain in the facility for the full 14 days unless your doctors believe an early release is in your best interests. Your doctor may create a continuing care plan to help you re-adjust to life.
Can I Leave a Facility if I Sign on for Voluntary Treatment After a 5150 Ends?
If you sign on for continued voluntary treatment at the end of the 5150 hold, you have the same rights as any voluntary patient. You can leave the facility upon giving notice to a member of the facility’s staff.
Can I Leave the Facility if Placed on a 5250 Hold?
When placed on a 5250 hold, you cannot leave the facility until and unless your doctors discharge you. Your doctors will pursue this hold if they believe you remain a danger to yourself or others or are gravely disabled. A 5250 hold is a 14-day, court-ordered, involuntary hold during which you receive intensive treatment.
Can I Leave a Facility at the End of a 5250 Hold?
There are several potential outcomes at the end of a 14-day 5250 hold:
- You may be released by staff.
- You may experience early release as the result of a Certification Review Hearing or Habeas Corpus Hearing.
- You sign a form for continued voluntary treatment.
- Your doctors request an additional involuntary hold, such as a 5260, 5300, or 5270.
- You are referred for a conservatorship.
If you sign on for continued voluntary treatment, you can leave at any time upon notifying a member of the facility’s staff. The 5260 is a “recertification” 14-day hold. The 5300 is a 14-day hold for suicidal patients, and the 5270 is a 30-day hold for patients who are gravely disabled.
If I Was Sentenced to a Facility Under an Insanity Defense, When Can I Leave?
If you commit a crime and are found not guilty by reason of insanity, the court will commit you to a mental health facility rather than imposing the prison sentence you would have received without the insanity defense. The commitment is intended to offer you rehabilitation and to protect society from additional harm.
Under this commitment, you cannot leave the mental health facility on your own. Your release will come if and when:
- Doctors believe your sanity has been restored.
- The maximum prison sentence for that crime has passed.
- Doctors decide that outpatient treatment would best serve your needs.
How Common Are Psychiatric Hospital Holds in California?
California issues hold at psychiatric facilities at a higher rate than other states. According to a California Involuntary Detentions Data Report from the California Department of Health Care Services, in the 2020 and 2021 fiscal year, California issued 120,402 adult 5150 holds.
For 5250 holds, the state issued 48,402; of these holds, 803 cases had suicidal risks. Out of all the cities in California Los Angeles had the most involuntary holds with 46 – 587 adult 5150 holds and 6,903 adult involuntary 5250 holds.
After a 5150 hold in California, it’s important to have a care plan in place. A social worker or hospital staff can help you find an ongoing treatment plan that works for you beyond the psychiatric hospital.
A Mental Health Attorney Can Help You
It is important to know and protect your rights as a mental health patient. However, navigating mental health laws and understanding those rights is extremely challenging, especially in high-stress situations. Our team at Simmrin Law Group cares for you, and we can help you through the process.
You do not have to fight alone. We are here for you; contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form