5150: Involuntary Psychiatric Hold

(LACourt.org) A 5150 is an involuntary psychiatric hold under the Lanterman–Petris–Short (LPS) Act in the State of California. If a family member with dementia is placed in a psychiatric facility because s/he is a danger to herself/himself or others, you will soon become acquainted with the legal process for involuntary commitment. (I know only too well as I spent several years in the California court system managing my parent’s AD and conservatorship).

I’ve included a copy of the California LPS Holds Chart for your review. Other states in the U.S. have similar laws for managing an AD person who may become hospitalized for mental illness. For information specific to your state, please consult the mental health laws for your state. For a brief overview of involuntary commitment in the U.S. and other countries, please go here: Involuntary commitment.

~ Jennifer


 

CALIFORNIA LPS HOLDS CHART

LPS HOLDS

CRITERIA

COURT PROCEEDINGS

GRAVELY DISABLED DANGER TO   SELF DANGER TO   OTHERS
72-HOUR WIC 5150 EVALUATION & TREATMENT

ONE OR

ALL MAY APPLY

  1. No probable cause hearing.
  2. May request Riese hearing (Decision regarding Riese carries through 14-day hold).
14 DAY WIC 5250 3-DAY EXTENSION WHEN CONSERVATORSHIP APPLIED FOR

ONE OR

ALL MAY APPLY

  1. Probable cause hearing must be held during first 4 days of hold unless patient   request by-pass writ of habeas corpus, 24 hr. postponement, and signs voluntary or is discharged.
  2. Patient may request one writ of habeas corpus hearing at any time during 14-day   hold.
  3. Riese hearing maybe requested anytime during 14-day hold. Each subsequent hold requires a new Riese hearing.
ADDITIONAL 14-DAY WIC 5260

ONLY CRITERIA   WHICH APPLIES

  1. No probable cause or court hearing required.
  2. Original additional 14 certification form and 2 affidavits must be sent to mental health court.
  3. Patient may request writ of habeas corpus any time during 14-day period.
  4. New Riese hearing may be requested anytime during 14-day period.
30-DAY WIC 5270

ONLY CRITERIA   WHICH APPLIES

  1. Probable cause hearing must be held during first 4 days of hold unless patient   requests by-pass writ of habeas corpus, 24 hr. postponement, and signs voluntary or is discharged.
  2. Patient may request writ of habeas corpus any time during 30-day period.
  3. New Riese hearing may be requested anytime during 30-day period.
180-DAY WIC 5300 RENEWABLE

ONLY CRITERIA   WHICH APPLIES

  1. Requires contact with D.A. several days prior to expiration of 14-day hold.
  2. Requires the District Attorney to file a petition with the court and an arraignment hearing in court.
  3. New Riese hearing may be requested anytime during 180-day period.
TEMPORARY CONSERVATORSHIP 30 DAYS TO 6 MONTHS

ONLY CRITERIA   WHICH APPLIES

  1. Requires application by the treating physician to the Public Guardian’s Office.
  2. Judge reviews application and determines whether to grant or deny temporary conservatorship (T-Con).
  3. Patient may request writ of habeas corpus any time during T-Con period.
  4. New Riese Petition may be filed with County Counsel.
“PERMANENT” CONSERVATORSHIP 1 YEAR RENEWABLE

ONLY CRITERIA   WHICH APPLIES

  1. Requires court hearing. Physician may be required to testify in court.
  2. Patient may request re-hearing on conservatorship, rights denied, disabilities imposed once every six months.
RE-APPOINTMENT OF “PERMANENT”   CONSERVATOR

ONLY CRITERIA   WHICH APPLIES

  1. Requires conservator petitioning for reappointment and a court hearing.

 

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