Sierra Vista Hospital

Department of Psychological Services

Understanding 5150 LawsPresented by

Scott Christian Selinsky MASierra Vista Hospital

Court Liaison

Learning Objectives

Participants will understand the 5150 Process.

Participants will become familiar with legal language used in involuntary detentions.

Participants will understand how to interact effectively with the involuntary detention process to achieve more favorable outcomes for themselves and family.

Overview of Topics

Important Terms Lanterman, Petris, Short Act Criteria for an Involuntary Hold Voluntary vs. Involuntary What Happens After a 5150 Expires Patients’ Rights Due Process Right The Parent’s Role When the Detainee is a Minor Glossary Where to Find More Information

Important Terms

InvoluntaryVoluntaryLPSCriteriaProbable Cause

WHY? Lanterman-Petris-Short Act of 1968

Rising public awareness and concern for abuses related to involuntary commitment, as well as to threats to the welfare of the community prompted legislatures to frame legal codes that attempt to balance the needs of individuals for freedom with their need for treatment.

WHY? LPS Legislative Intent

To end the inappropriate, indefinite, and involuntary commitment of mentally disordered and developmentally disabled persons, and those impaired with chronic alcoholism.

To require treatment and rehabilitation be the least restrictive alternative to a total curtailment of freedom and the personal liberty of the individual.

To provide prompt evaluation and treatment for these persons.

To guarantee and protect the public interest.

To safeguard individual rights through judicial review.

WHY?Who Can Write Holds?

Mental Health Director

Certified 5150 Designees

Authorized staff at a designated 5150 psychiatric facility

Law Enforcement-Peace Officers

WHO?

Criteria for an Involuntary Hold

Danger to Self and/or

Danger to Others and/or

Gravely Disabled Adult/Minor

WHO? Danger to Self

Deliberate plan to inflict serious and severe harm to the self, possibly life-threatening, with the means and intention to use the means other life-threatening behaviors where impending severe injury or death is imminent.

Some Factors Being Considered May Be: Words or actions showing intent to commit suicide or serious bodily harm Words or actions indicating gross disregard for personal safety Words or actions indicating a specific plan for suicide Means available to carry out suicide plan

WHO? Danger to Others

Danger to Others is based on criteria including behaviors and verbalizations indicating the person in question either intends to cause severe harm to a particular individual, or intends to engage in acts potentially life-threatening against others, or intends to engage in acts with gross disregard for the health and safety of others.

Some Factors Being Considered May Be: Nature of the threats against society, others in general, or a particular

individual(s) Current and prior threats or attempts to harm others or a particular

individual(s) Means available to carry out threats (i.e., firearms, weapons, poisons); Expressed intention or attempts to engage in life threatening activities.

WHO?Gravely Disabled Minor

"Gravely disabled minor" means a minor who, as a result of a mental disorder, is unable to use the elements of life which are essential to health, safety, and development, including food, clothing, and shelter, even though provided to the minor by others. (W & I Code 5585.25)

Involuntary Hospitalization

The LPS Act permits involuntary hospitalization only of those mentally disabled persons for whom such confinement, with its accompanying severe deprivation of liberty, is necessary and appropriate.

The LPS Act authorized involuntary evaluation and treatment only for individuals who are dangerous to themselves and others, and/or gravely disabled.

Involuntary hospitalization is a temporary suspension of an individuals rights and freedoms.

Voluntary Hospitalization

5150 application NOT always required

When, as a result of a mental disorder, someone is a danger to self, danger to others and/or gravely disabled and they are willing and capable of voluntarily self- admitting into a 5150 psychiatric facility then the criteria for admission can be voluntary.

It is important to have safeguards and supports in place whether voluntary or involuntary.

Legal Status Can Change

A patient who is admitted to the an inpatient psychiatric facility on a voluntary basis but later becomes unwilling or unable to accept voluntary treatment, and is deemed to be a danger to self, others, or gravely disabled due to a mental disorder, can be placed on an involuntary hold.

On the other hand, a patient admitted involuntarily to an inpatient psychiatric facility may be signed in voluntarily for additional inpatient treatment by themselves (adults only), or by a parent/legal guardian (minors).

What Happens After the 72 Hours? 5250 14-Day Certification Certification Review Hearing for contesting a 5250 Hold Writ of Habeas Corpus by Judicial Review

5260 Re-Certification as Suicidal 14 more Days Certification Review Hearing for contesting a 5260 Hold Writ of Habeas Corpus by Judicial Review

5270 Additional 30 Days Intensive Treatment (GD Only) Certification Review Hearing for contesting a 5270 Hold Writ of Habeas Corpus by Judicial Review

Other Matters: 5300 Post-Certification (Dangerous Persons) 180 Days 5352 Temporary Conservatorship (Gravely Disabled) 5350 Conservatorship for Grave Disability

Patients Rights While Detained

Rights that can be denied with good cause.– Clothing– Money– Visitors– Storage Space– Personal Possessions– Telephone– Mail– Writing Materials

Rights that CANNOT be denied. – Humane Care– Social Activities and Recreation– Education– Religious Freedom and Practice– Freedom from Discrimination

Due Process Rights

Any person placed on an involuntary hold is entitled to due process. This means that within four days of the hold being written, he they are guaranteed an opportunity to speak to a Superior Court Judge or Hearing Officer about their hold status, within 4 days of the hold being written.

Certification Review Hearings

Writ of Habeas Corpus Hearings

The Parent’s Role As best you can, understand what the LPS law says before you child is ever placed on a

hold. Your child can be placed on an involuntary hold without you present, so be as readily

available to offer information to the person evaluating your child for 5150 criteria. Know that the designee writing the hold can detain your child for assessment—without

your consent. LPS law gives them this authority. If your child is hospitalized, immediately after admit, request to speak to the treating

physician. If not available, ask when you can call back. Do not hesitate to ask the hospital’s administration to assist you in securing contact with the doctor.

If you disagree with the detainment, inform the doctor and let the doctor know why. Be emotionally prepared for the doctor to detain your child for the duration of the 5150

anyway. Most doctors treat children with great caution. Be ready to discuss medications, and be sure to ask lots of questions, so as to make an

informed decision. Try to be flexible. Conflict is typically counterproductive to your child’s hospital experience.

Even if you and the doctor do not reach consensus, recognize that in the vast majority of cases, the doctor is trying to help, using the tools they have been extensively trained to apply to these types of circumstances.

INCLUDE YOUR CHILD IN THIS DIALOGUE.

Brief Glossary5250—14 day hold for DTS and/or DTO and/or GD

5260—14 day hold that can be written after a 5250 expires; it is for DTS only

5270—30 day hold that can be written after a 5250 expires; it is for GS only

5300—180 day hold that can be written after a 5250 or 5270; it is for DTO only

Cert Hearing—shorthand for Certification Review Hearing, granted to any patient placed on 5250 or 5270. These matters are presided over by a Hearing Officer, and the patient receives the assistance of a Patients’ Rights Advocate to present their case at the hearing.

Confidential—the obligation during the course of a professional relationship, not to disclose information about a patient or client without the explicit permission of the individual

DTO—shorthand for Danger To Others

DTS—shorthand for Danger To Self

GD—shorthand for Grave Disability

Good Cause—refers to the criteria for denying a specific patients right; good cause exists only when allowing the right would cause injury to that person or others, serious infringement on the rights of others, or serious damage to the facility

ICR—shorthand for Independent Clinical Review. It is the right of all minor patients to seek to get out of the hospital after their parent or legal guardian has signed them in voluntarily for more inpatient treatment. The minor can ask the hospital to arrange for a such a review of their case, and if the reviewer agrees with the minor, the minor must be discharged, even if it against the wishes of the parent/guardian and/or the treating physician.

Involuntary—the circumstance where an individual is placed on a legal hold and detained against their will (or perhaps against the will of their parent/guardian) for the purpose of evaluation and treatment

LPS—shorthand for the Lanterman, Petris, Short Act

Privacy—refers to the basic constitutional right of all citizens of the United States to decide how much personal information can be shared with others

Brief Glossary cont’d

Probable Cause—the standard of evidence applied to Certification Review Hearings. Specifically it is commonly understood to mean a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true

Risk Assessment—this is commonly the most significant aspect of assessing whether or not an individual meets criteria to be placed on an involuntary legal hold. Most professionals that write legal holds utilize the standard of “reasonable and cautious” in assessing risk.

Voluntary—the circumstance where an individual makes an informed decision to accept treatment in an inpatient setting. The individual is being detained, for treatment, and significant freedoms are curtailed, but this is NOT being done against their will.

Writ Hearing—If an individual does not prevail at their Cert hearing, they are allowed one opportunity to have their matter heard before the court. The individual is represented by an attorney (typically a Public Defender) at these hearings, and the matter is presided over by a judge from the Superior Court.

Where To Find More Information

Disability Rights California: Primary Source for MH Advocacy in CAhttp://www.disabilityrightsca.org/

CA State Codes for Mental Health: Full Text of the LPS Act http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml

Kathi’s Mental Health Review: Site with great information on advocacy http://www.toddlertime.com/advocacy/5150/rights/

NAMI: National Alliance on Mental Illness: Education and support for individuals and families effected by mental illnesshttp://www.namicalifornia.org/

Your Presenter: Scott “Christian” Selinsky (916)288-0321 my officechristian.selinsky@uhsinc.com my email