5150

[electric7rocker]

so in october i was 5150-d because of cutting and "suicide ideation"
andd apparently that means im clinically insane

why do they declare that?

[Rutherford The Brave]

The 5150 hold may be written out on Form MH 302, Application for 72 Hour Detention for Evaluation and Treatment.[2]

Welfare and Institutions Code (WIC) 5150 can be interpreted as an application for involuntary admission for up to 72 hours from the time the declaration is written. According to this interpretation, WIC 5150 is not itself a direct admission form and does not of itself authorize the involuntary admission; it merely gets the individual to the door. Then, as described in WIC 5151: Prior to admitting a person to the facility, the professional person in charge of the facility or his or her designee shall assess the individual in person to determine the appropriateness of the involuntary detention. This is the procedure proposed by the LA County LPS Designation Handbook [1]: WIC 5150 and, separately, WIC 5151, would then be executed, in that order, before the individual can be admitted on an involuntary basis.

There exists a body of opinion, however, among some segments of the professional mental health community that this order can be reversed, and this is practiced in some counties (but not Los Angeles County). According to this interpretation, a mental health assessment by ...the professional person in charge of the facility or his or her designee.. conducted prior to the writing and timing of the 5150 application is sufficient to satisfy WIC 5151, with no further person-to person assessment required after the 5150 application is signed/timed but prior to admission. The 5150 "application" would then function, not as an actual application for admission, but as a direct admission form. Here the order is WIC 5151 first followed by WIC 5150.

While the the validity of these differing interpretations of WIC 5150-5151 remains to be resolved legally, it can be observed that, in the interpretation, WIC 5151 first followed by WIC 5150 second, the ... professional person in charge of the facility or his or her designee.., in executing WIC 5151, would, in effect, be acting to ..determine the appropriateness of the involuntary detention.. at a time when ... the involuntary detention.. did not exist. Further, in this interpretation, the time at which the ..WIC 5150 legal status begins is somewhat unclear. Is this, for example, the time at which an interview which could satisfy WIC 5151 begins, or is this the later recorded time of the 5150 application?

According to the LA County LPS Designation Handbook ... The ability to place a person on an involuntary hold in the community is the only situation outside of law enforcement where an individual may take away another individual's right to freedom and detain him or her against his or her will...[3]It would appear, however, that the legal detention begins only at the time of signing/dating the 5150 application itself. If the initiator is not a law enforcement officer, then he or she would appear to hold no powers of detention under WIC 5150 until that time. California Health and Safety Code 1799.11 (so-called "eight-hour rule") does not appear to not provide this power. Therefore, any individual who suspects that they are being interviewed pursuant to WIC 5150 by a person who is not a peace officer, retains their libery and its associated right of free movement, until the 5150 application is signed/timed. In this sense, all WIC 5150 applications written and signed/timed by persons who are not peace officers, and for persons who have knowledge of WIC 5150-5157, could be interpreted as voluntary, and not involuntary detentions.

During the period of confinement, a confined individual is evaluated by a mental health professional to determine if a psychiatric admission is warranted. Confinement and evaluation usually occurs in a county mental health hospital or in a designated Emergency Department. If the individual is then admitted to a psychiatric unit, only a psychiatrist may rescind the 5150 and allow the person to either remain voluntarily or be discharged.

On or previous to the expiration of the 72 hours, the psychiatrist must assess the person to see if they still meet criteria for hospitalization. If so, the person may be offered a voluntary admission. If it is refused, then another hold for up to 14 days, the 5250, must be written to continue the involuntary confinement of the person. A hearing must occur within four days before a judge or hearing officer to determine whether probable cause exists to support the 5250. If the 72 hour timeframe has elapsed before the person is offered a voluntary admission or placed on the 5250, the person must be immediately released.

A 5150 written by a peace officer is valid in any county in California; therefore, a person could theoretically be moved from one county to another according to available resources. When the 5150 is written by a designated clinician, the hold is only valid in that county. The designated clinician is only able to write a 5150 while present at the facility where they work, unless they work as part of a Psychiatric mobile response team.

http://en.wikipedia.org/wiki/5150_(Involuntary_psychiatric_hold)

this might answer your question.

[electric7rocker]

ok i read that but...
like what does that ^ mean..?