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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My husband is being held in a 5150. He Is bipolar and on occ

Customer Question

My husband is being held in a 5150. He Is bipolar and on occ has issues. There is a hearing Tuesday at which they are attempting to extend his hold without just cause. We are seeking representation for this up upcoming hearing at dignity health in Sacramento.
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: This is my first attempt (given the weekend).
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: Rich (my husband) has never been violent. We have been married 21 years and I manage
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
We will have time of hearing apps 10a on Tuesday.
Customer: replied 1 year ago.
I'll await add'l info,
Customer: replied 1 year ago.
Anything else I need to know or you need from me?
Expert:  Colleen Grady replied 1 year ago.
Hello. I will help you with your questions. I am really sorry you are going through this. I know it must be a difficult time for your family. I have been an attorney for 27 years. I am going to prepare a complete answer for you and will help you find an attorney. Give me a short time and I will be back with my answer.
Expert:  Colleen Grady replied 1 year ago.
Under California law, a person can be placed in a psychiatric hospital for a 72 hour hold. This is also called a “515O.” This name comes from Section 5150 of the Welfare and Institutions Code. This can be done by police officers, licensed members of a crisis team or other authorized mental health professionals. I am not sure how your husband was placed on his hold.The following must have been present for your husband to be placed on a 72 hour hold: There was probable cause to believe that because of a mental disorder your husband is:· A danger to himself or;· A danger to others; or· Gravely disabled (unable to provide for basic personal needs for food, clothing or shelter).Your husband is entitled to be advised of his rights and the reason for the hold must be documented in writing. The police or the facility must complete paperwork stating the circumstances under which your husband’s mental condition was called to the attention of the officer or facility; what probable cause there is to believe he is a danger to others, a danger to himself, or gravely disabled; and the facts upon which this probable cause is based. Conclusions without supporting facts is not sufficient and can be challenged at the hearing. During the hold, the hospital is required to do an evaluation of your husband.By the end of the 72 hours, one of the following things must happen:· Release· Option to sign in as a voluntary patient· Your husband could be put on a 14-day “5250” involuntary hold (a “certification for intensive treatment”). A court hearing will be automatically held to determine whether there is probable cause to hold him for 14 days. At this hearing, staff of the facility must show that they provided evaluation services has and found that your husband has been found to be a danger to himself or others or is gravely disabled. Moreover, it must be established that your husband is not willing or able to accept voluntary treatment.If your husband is placed on a 14 day hold (5250), there must be a certification review hearing the hospital must present evidence that there is probable cause to believe your husband is in need further treatment in the hospital. This hearing must take place within 4 days. Your husband has a right to a patient’s right advocate who can assist in arguing why there is no need for treatment in the hospital. There will be a hearing officer who will decide if there is probable cause to keep your husband in the hospital for a period not to exceed 14 days.You said that you were going to secure a patient’s advocate. Here is another resource for you to ask questions, get caregiver support or find an advocate: NAMI (National Alliance on Mental Illness) Sacramento3440 Viking Drive, Suite 104ASacramento, CA###-##-####hone:(###) ###-#### ***@******.*** the hearing officer decides there is probable cause to hold your husband and he disagrees with the decision, he has the right to file a Writ of Habeas Corpus in the Superior Court of California. The court must hold a hearing. You will need an attorney to file this writ and represent your husband. Your patient advocate should know how to find an attorney experienced with these legal proceedings.You can also contact the Sacramento Bar Association Layer Referral Service to find an attorney. Here is the link: Please let me know if you have more questions. I will be happy to help more.If you are satisfied with my help, please rate my service.