A 5150 hold is when an adult is taken into custody and put in a mental health facility for evaluation when they are a danger to themselves or others. The person stays in the facility for 72 hours for observation, but it can be extended if the medical staff still deems them dangerous.
A 5585 hold is equivalent but is for minors. These are difficult waters to walk through for parents and children.
Can Your Child Be Released from a 5585 Hold?
There are several outcomes for the completion of the 72-hour hold. The person can be released, accept voluntary treatment, or extend their hold. The patient can also be referred to the Office of Public Guardian for a conservatorship.
The mental health facility can release the person if they evaluate them and believe they no longer need treatment and the danger or symptoms have subsided. Upon the child’s release, they will have a follow-up care plan based on their needs.
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Can the Hold Be Extended?
Yes, the 5585 or 5150 hold can be extended after 72 hours. The first option is to issue a 5250 hold which extends the stay to 14 days. The Office of the Public Guardian can refer the case for a conservatorship, a 5352 action with no set end.
A 5250 requires written notice of the action and affords the patient a Certification Review Hearing.
To avoid a more extended hold, the patient must show they are no longer a danger to themselves or others. Minors can also get extensions that turn into 5260, 5300, or 5270 holds. You want to protect your child, which means discussing your options with a 5585 holds lawyer.
Do I Have Any Rights Under an Involuntary Hold?
Many patients feel their rights are gone when put on an involuntary hold. They are no longer in control and assume other rights are jeopardized. Certain rights cannot be taken away, such as:
- Humane Care
- Education
- Free from abuse or neglect
- Access to social activists and recreation
- Religious freedom
- Free from discrimination
A medical professional can only deny you rights when there is reason to believe that allowing a specific right will result in injury or infringe upon someone else’s rights. Suppose you have the right to writing materials. It can be taken away if staff believe you will use those instruments to harm yourself.
Will an Involuntary Hold Go on My Criminal Record?
An involuntary hold is a medical action and would therefore be put in your medical file. It is not a criminal act and will not go on a criminal record.
Upon release, you can request a copy of these records and review all documentation to ensure no one can access them. The one exception to the hold going on your criminal record is if you are charged and convicted.
Adults with multiple holds within a year will have their firearm privileges revoked for five years, and the information will be sent to the FBI. However, the FBI will only receive information regarding the firearm ban.
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What Are Mental Health Warning Signs in Teens?
Parents can face difficult decisions regarding their child’s mental health. You can initiate a 5585 hold if you fear your child is a danger to themselves or others. Before it reaches that point, there are warning signs to look for.
Signs of distress in teens might include:
- Obsession with death and dying
- Self-harm
- Substance abuse
- History of mental illness
- Decline in grades
- Loss of interest in hobbies
- Extreme mood swings
- They talk about being bullied
- Withdrawal and isolation
- Lower self-esteem with comments about feeling hopeless
- Giving away prized possessions
You must know the child’s personality and typical behavior since some signs are subjective. Identifying signs of distress can help you take action before your child is in crisis and someone else initiates an involuntary hold.
What Are the Disadvantages of Involuntary Holds?
A 5585 hold can only happen when parents or guardians are unavailable to or do not agree to authorize voluntary treatment. Children can avoid involuntary holds if their parents consent to voluntary inpatient care. One disadvantage is finding a facility to take the teen in since there are fewer facilities for minors than adults.
Visitation is also challenging regardless of location. Since the person is under observation and evaluation for 72 hours, visitors can agitate or interrupt the assessment process. Some facilities do not allow visitors during the evaluation process.
How Do I Support My Child During the Process?
Your child is under extreme stress, and they are unsure how they can help themselves and who has their best interest in mind. After their release, they are still reeling from their experience and will likely take it out on loved ones. During and after their stay, you should listen to their concerns and validate their feelings.
If you disagree with the hold, you can ensure your child you’re doing what you can to help them. Then you should work with the facility and therapists to find a beneficial outcome.
What Steps Should I Take After My Child Is Released?
Working with their care team is vital to establishing the following steps and preventing another psychiatric episode. These holds are temporary and are meant to stabilize your child. It is common for children not to want additional treatment when they leave a mental health facility, but it can benefit their health and be a contingency for their release.
Some treatment options might include outpatient care, in-home care, and hospital inpatient. Counseling and mental health services in school can also be beneficial.
Who Can Advocate for Your Release?
During a 5150 or 5585 hold, the patient can have access to a patient advocate, who is someone outside of the care team. They can also hire 5150 attorneys to explain their rights and ensure they get the necessary care and attention. The patient advocate will help you understand your rights, and your mental health lawyer will work to get you elapsed.
The Simmrin Law Group has 5585 and 5150 hold lawyers who can help advocate for your rights and release.
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