Psychiatric Holds: 5150, 5250, etc.
Being told that your son, daughter, spouse, or other loved one has been placed on a hold is jolting, whether you have believed it was needed for a long time or it comes completely out of the blue. Either way, families are often given little information, cannot reach anyone with answers, and are told that privacy laws prevent any discussion. The person on the hold may be frightened and unsure what is happening or what rights they have.
Every hold is governed by specific legal standards, deadlines, and procedures. Understanding them is the starting point for doing anything about it.
What a Hold Is
In California, an involuntary psychiatric detention is commonly called a "hold," and we use the two terms interchangeably here.
5150 Hold (up to 72 hours). Peace officers, certain mental health professionals, and designated facility staff may detain a person for up to 72 hours for evaluation and treatment when, because of a mental health disorder or a severe substance use disorder, the person is a danger to themselves, a danger to others, or gravely disabled.
5250 Hold (up to 14 days). If the facility believes the criteria are still met when the 72 hours end, it may certify the person for up to 14 additional days of intensive treatment. This is often called a "certification" or "14-day hold." The person is entitled to a certification review hearing at the facility within a few days, and may also challenge the hold in court through a writ of habeas corpus.
Extended Holds. California law permits extended detention beyond the initial 14-day hold under specific circumstances, each with distinct criteria, procedural requirements, and patient protections. These include a second 14-day hold for a person who remains at imminent risk of suicide, a 30-day hold for grave disability in counties that have adopted it, and additional holds when criteria is met. This includes a continued detention for up to 30 days on a court-ordered temporary conservatorship, while a petition for a longer conservatorship is being decided.
What "gravely disabled" means. A person is gravely disabled when, because of a mental health disorder, a severe substance use disorder, or both, they cannot provide for their basic needs for food, clothing, shelter, personal safety, or necessary medical care. "Personal safety" means the ability to survive safely in the community without involuntary detention or treatment. "Necessary medical care" means care needed to prevent serious deterioration of an existing physical condition that would otherwise likely cause serious bodily injury.
Additional Impacts of Involuntary Holds. Every hold is a substantial restriction on liberty and may carry consequences beyond the detention itself, including firearm restrictions, effects on professional licensing in some circumstances, and inclusion in the person's medical records.
How We Help
We begin by explaining what is happening—the type of hold, the applicable legal standard, the timelines, the rights at stake, and what to expect next. Then we advocate on behalf of our client, whether that is a family member or the detained individual.
Representing Families. When we represent families, we work to ensure that their concerns and their loved one's clinical history reach the treatment team and decision-makers. We advocate for an appropriate level of care, challenge discharge plans that appear unsafe or premature, and pursue options for continued treatment or conservatorship referral when warranted and legally available.
Representing Detained Individuals. When we represent the person being held, we protect their rights, challenge holds that lack legal justification, and seek viable alternatives to continued confinement.
Our Approach in Either Role. Most families seek our help because they want their loved one kept safe and given time to stabilize rather than released back into crisis. Others, including detained individuals themselves, come to us because they believe the hold is unjustified and want assistance challenging it. Regardless of whom we represent, our work is guided by our client's interests and a commitment to appropriate care—not simply by the goal of ending or extending detention. We collaborate with outside mental health professionals when doing so advances our client's objectives, whether we are pursuing release with a comprehensive aftercare plan or advocating for continued treatment.
Timing and Availability
These matters are urgent by nature. Hearings are set with little notice and every hold runs on a strict clock, so hold cases generally fall within our Crisis Legal Services. We accept representation only after a legal consultation in which we assess the circumstances, determine whether we can help, and confirm our availability.
This page provides general information, not legal advice. Laws, court procedures, eligibility rules, and available services change, and legal options depend on current law and the circumstances of each case.
We're Here to Help
If you or someone you love is on a psychiatric hold and you're unsure where to turn, reach out to Blumen & Tauro, Treatment Law℠. We'll listen and tell you whether we can help.