Adults in the United States usually have the right to decide for themselves whether or not to go to the hospital. However, if someone is a danger to themselves or others due to their psychological condition, they can legally be committed to a mental hospital.
How long can someone be held in a psych ward? In most cases, the answer is 72 hours; however, their stay may be extended with a judge’s consent. Court-ordered confinement times can vary depending on the circumstances.
These forced hospitalizations should only be implemented as a last resort. However, therapy for those with mental illnesses is often a better alternative than jail time. If your loved one is in this situation, contact a Los Angeles criminal defense lawyer for a free consultation.
What Are the Different Types of Forced Psychiatric Hospitalizations?
A recent UCLA study found that psychiatric detentions are on the rise. In fact, involuntary psychiatric detentions surpassed population increases by a rate of three to one over the past few years. There are three types of forced hospitalization based on a patient’s mental state, which include:
Preventive Confinement
This type of confinement is used in emergency situations for people who, because of their mental state, show that they are in immediate danger to themselves or others. The patient can be kept in hospital confinement for up to 72 hours without consent from a judge.
Temporary Confinement
With a judge’s permission, a person can be temporarily confined to a mental health hospital for a psychiatric exam. This kind of confinement can be extended for up to 144 hours.
Court-Authorized Confinement
A judge can order court-authorized confinement if two psychiatrists determine that a patient needs to stay in the hospital because they pose a risk to themselves or others. The judge will also determine how long the patient can stay there.
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What Is a 72-Hour Hold?
A 72-hour hold, or 5150, is an involuntary treatment in a psychiatric hospital or mental ward. The patient must meet at least one of the following criteria because of a mental health disorder:
- They are a danger to themselves and have threatened or attempted self-harm or suicide.
- They are a danger to others, making threats or attempts to harm others.
- They have a grave disability and are unable to provide their own basic needs, such as food, clothing, and shelter.
What Happens After a 72-Hour Hold?
After the 72-hour involuntary treatment hold, the following situations may apply:
- The patient is deemed successfully treated and no longer meets any of the three criteria.
- The patient accepts voluntary treatment.
- The patient’s 72-hour hold is extended into a 14-day involuntary, or 5250 hold, for more intensive psychiatric treatment because the patient still meets one of the criteria.
- The patient is referred to the Office of the Public Guardian for a conservatorship.
What Is a 5250 Hold, and How Long Is It?
An extension of a 5150 or 5250 hold is a 14-day involuntary hold in a mental health facility or hospital. To extend the hold, the attending hospital staff must allow the patient to have a certification review hearing and a written notice explaining the specific reasons why they are being held.
During the hearing, the patient also has the right to a patient’s rights advocate to help them understand their rights and best interests or hire a criminal defense attorney.
A neutral hearing officer will hear the testimony of your mental health professional and treatment team, the patient’s rights advocate, and possibly any family members of the patient who are present to decide if there is enough evidence to continue the hold.
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What Happens After a 5250 Hold?
Just as with a 5150, there are several possible outcomes for the patient during and after a 5250 involuntary 14-day hold, which include:
- The patient can potentially be released before the 14-day hold with permission from attending staff at the mental health facility, at a certification hearing, or at a habeas corpus hearing. At this hearing, a judge reviews the legalities of the patient’s case and whether or not their rights were violated.
- The patient agrees to be a voluntary patient.
- The hospital staff assigned to the patient determines that they need more treatment and should be placed on another hold.
- The patient is referred to the Office of the Public Guardian for a conservatorship.
How Do You Define Danger in a Psych Ward?
Saying that someone is a danger to themselves or other people is the sole reason for them to be involuntarily confined to a mental hospital.
But how is that determined? “Danger” can vary from situation to situation, but these key elements must always be present for someone to be held against their will:
- The danger must be clear and specific, based on actions, words (written or verbal), and behavior.
- Their mental state must be the cause of the danger.
- The risk of danger must be high or likely.
- The danger must be imminent or happening now.
How Do You Avoid a Longer Hold in a Psychiatric Hospital?
To avoid an extension of your hold in a psych unit, you need to show that the reason you were first placed in an involuntary hold is no longer a concern.
Consider these important tips:
- If you were placed on a hold for being a danger to yourself, do not make threats to harm yourself or take action to cause harm during the hold and after your release.
- If you were placed on hold for being a danger to others, do not argue with those around you, be respectful, and do not touch anyone unless hospital staff instructs you to do so.
- If you were placed on a hold for a grave disability, show that you can take care of yourself at the mental health facility by eating, sleeping, and cleaning yourself regularly.
It would also help your case if you reached out to someone, like a friend or family member, who can help you with your ongoing treatment plan and basic needs after your release. You can either ask them to submit a letter to the court or, better yet, hire a Los Angeles mental health lawyer.
Can an Attorney Help Limit Your Time in a Psychiatric Ward?
After you have completed a 72-hour hold in a psych ward, you are legally entitled to a patient’s rights advocate or an attorney, who will work to uphold your legal rights and represent your best interests.
If you are in Southern California and in need of legal assistance, Simmrin Law Group is here to help. Call or fill out the online contact form to arrange a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form