How Does an Unwilling Patient
get Mental Health Treatment?
There are three legal
criteria for compelling a person to undergo short-term mental health treatment
and evaluation:
1) Is the person dangerous to others due to a mental disorder?
2) Is the person dangerous to one’s self due to a mental
disorder?
3) Is the
person gravely disabled? In other words,
is the person unable
to provide food, clothing and shelter for himself or herself due
to a mental disorder? [
When a peace officer, member
of a mobile-crisis team, qualified staff member at an evaluation facility or
other designated professional person determines that a person meets any of the
three criteria, a person may be taken into custody and placed in an approved
facility for up to 72 hours of treatment and evaluation. There is no patient right to a hearing during
the 72-hour period.
Source: Welfare and Institutions Code 5150
If the mental health
evaluation conducted during the 72-hours of treatment finds that the person is
a danger to self or others or is gravely disabled, he or she may be held for an
additional 14 days. Within the first
four days of that 14-day period, a mandatory review hearing is conducted in the
facility by a Mental Health Hearing Referee from the
Following the hearing, the
patient leaves the facility or stays voluntarily if no probable cause is found,
but remains for the full 14 days if it is.
Patients may appeal the decision through a writ of habeas corpus. A
Physician can discharge a patient at any time during any of the holds if it is
felt the patient no longer meets the criteria.
Source: Welfare and Institutions Code 5250.
POWERS A MENTAL HEALTH BENCH OFFICER HAS:
1)
Can hear any
element of an involuntary civil commitment under WIC §§ 5250 or 5270.15
[Grounds for detention; Application -Cal Wel &
Inst Code];
2)
Can compel mental
health treatment pursuant to an involuntary civil commitment;
3) Can order a mental health Conservatorship for
grave disability under WIC § 5350 upon the filing of a petition for
conservatorship by the Public Guardian. (The patient is referred to the Public
Guardian by the physician/hospital.)
4)
Can order a psychiatric evaluation for
purposes of continuing an involuntary commitment;
5) Can compel
a defendant to be evaluated for competency to proceed with criminal charges and
to receive treatment to regain competency
POWERS A LICENSED PHYSICIAN HAS:
1)
Can order a
72-hour-hold on a patient IF the physician or doctor of psychology has
treatment privileges at an LPS-designated psychiatric hospital, and can
initiate 14 day and 30 day holds for further treatment if the treating
physician in the mental health facility;
2)
Can request a
mental health evaluation by a Psychiatric Evaluation Team (PET) or Psychiatric
Mobile Response Team (PMRT);
3) Can refer the patient to the Public Guardian,
who has the authority to file the conservatorship petition.
POWERS THE FAMILY HAS:
1)
Take the person to a hospital emergency room for a mental health
evaluation;
2)
Request a mental health evaluation from a PET or PMRT Team;
3)
Request police assistance and evaluation if it is an emergency
situation.
If the patient is being held on the grounds that
he/she is a danger to self and or gravely disabled:
If the patient is suicidal,
or making statements that he wants to kill himself, he
can be placed on an additional 14 day hold. This is accompanied by two
affidavits signed by medical staff who have personal
knowledge of these statements. There is not a Certification Review hearing*,
the patient would have the right to file for a writ**.
If the patient remains
gravely disabled*** and the doctors feel that with a little more treatment he
could be stabilized, they can place the patient on a 30 day hold. There
is a Certification Review hearing at the hospital within four days of the
patient being placed on the hold. Typically, a social worker or treating
physician testifies at the Certification Review hearing. The fact of the hearing and results thereof
are confidential. The patient would also have a right to a writ.
If the patient remains
gravely disabled and the doctors feel it is long term, they would make
an application for conservatorship to the Public Guardian. The
Public Guardian would simultaneously conduct an investigation,
petition the court through
If the patient is being held on the grounds that
he/she presents a threat of imminent danger to others:
A petition is filed by the
District Attorney with an arraignment hearing set in Department 95 at the
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*Certification
Review Hearing: WIC 5256.1 |
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Also known as
Probable Cause Hearings. **A writ is a
written court order saying that certain action must be taken. Writ of Mandamus (or mandate) – an order to
perform any act designated by law to be part of a person’s duty or status;
Writ of Prohibition – the opposite of a writ of mandate that orders that
further proceedings or other official acts be stopped (usually issued from a
higher to a lower court.) |
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** Writ |
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A writ is a
written court order saying that certain action must be taken. Writ of Mandamus (or mandate) – an order to
perform any act designated by law to be part of a person’s duty or status; Writ
of Prohibition – the opposite of a writ of mandate that orders that further
proceedings or other official acts be stopped (usually issued from a higher
to a lower court.) |
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***Gravely
disabled
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For additional information, please see