5150.
(a) When a person, as a result of a mental health disorder, is a danger to himself or others, or is seriously incapacitated, a law enforcement officer, professional in charge of a county-designated assessment facility and treatment, member of the care team, as defined by regulation, of a county-designated unit for evaluation and treatment, designated members of a mobile crisis team, or county-designated professional may, for probable cause , taking or causing to be taken, the person in custody for a period of up to 72 hours for evaluation, evaluation and crisis intervention, or placement for evaluation and treatment in a center designated by the municipality for evaluation and treatment and approved by the Department of State Medical Care Services. At a minimum, evaluation, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, must be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided at the same time as the assessment, evaluation, or any other service.
(b) In determining whether a person should be detained under subdivision (a), the person making that determination must apply the provisions of Section 5150.05 and must not limit himself to considering the danger of imminent harm.
(c) The professional in charge of a county-designated evaluation and treatment center, a member of the care team, or a county-designated professional will evaluate the person to determine if they can receive appropriate care without being detained. If, in the judgment of the person in charge of the county-designated assessment and treatment center, a member of the care team, or a county-designated professional, the person can receive appropriate care without being detained, they must receive evaluation, intervention in crisis or other voluntary inpatient or outpatient services. Nothing in this subdivision shall be construed to prevent a law enforcement officer from delivering individuals to a designated facility for evaluation under this section. In addition, this subdivision's evaluation requirement should not be construed to require peacekeeping forces to perform additional functions beyond those specified in Sections 5150.1 and 5150.2.
(d) Whenever an individual is evaluated by a professional in charge of a county-designated evaluation or treatment center, a member of the care team, or a county-designated professional who is in need of mental health services but is not admitted to facility, all available alternative services provided under subdivision (c) shall be provided as determined by the county mental health director.
(e) If, in the judgment of the professional in charge of the county-designated assessment and treatment facility, a member of the care team, or a county-designated professional, the person cannot be adequately cared for without being detained, the facility Intake will require a request for a written statement indicating the circumstances under which it was reported to the law enforcement officer, responsible professional at the county-designated assessment and treatment facility, care team member, or responsible professional of the person's state. designated professional, and stating that the law enforcement officer, professional in charge of the county-designated assessment and treatment facility, care team member, or county-designated professional has probable reason to believe that the person is, as a result of a mental health disorder, a danger to himself or others, or seriously disabled. The application must also record whether the historical course of the person's mental disorder was considered in the determination pursuant to Section 5150.05. If probable cause is based on a statement from a person other than a law enforcement officer, county-designated assessment and treatment center professional, member of the care team, or county-designated professional, the person will be liable in a civil action. for misleadingly making a statement that he or she knows to be false. A copy of the application will be treated as the original.
(f) At the time a person is detained for evaluation, or within a reasonable time thereafter, unless a responsible relative or the person's guardian or conservator is in possession of the person's personal effects, the person who The person in custody must take reasonable precautions to preserve and safeguard personal property in the possession or on the premises occupied by the person. The arresting person shall furnish to the court a report generally describing the person's property so preserved and safeguarded and its disposition, substantially in the manner set forth in Section 5211, unless a responsible relative or the person's guardian or trustee of the person is in possession of the person's assets, the report should only include the name of the relative or guardian or trustee and the location of the assets, extinguishing the responsibility of the person who has custody of these assets. As used in this section, “responsible relative” includes a person's spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister.
(g)(1) Each person, at the time he is first apprehended under this section, shall receive, from the person apprehending him, the following information orally in a language or manner accessible to the person. If the person cannot understand the oral advice, the information must be provided in writing. The information must be substantially the following:
My name is .
I am a _____ (peace officer/mental health professional) _____.
with _____ (agency name) _____ .
He's not under criminal arrest, but I'm taking him in to be examined by mental health professionals in .
_____ (Property name) _____
The mental health team will inform you of your rights.
(2) If the person is detained at his own residence, he must also be given the following information:
You can bring some personal items with you, which I will have to approve. Please let me know if you need help turning off appliances or water. You can make a call and leave a note to tell your friends or family where you were taken.
(h) The designated facility shall maintain, for each patient evaluated, a record of the advice provided pursuant to subsection (g), which shall include all of the following:
(1) The name of the person retained for evaluation.
(2) The name and title of the detaining law enforcement officer or mental health professional.
(3) The date the query was completed.
(4) Whether the consultancy has been completed.
(5) The language or modality used to provide the advice.
(6) If the orientation has not been completed, declaration of just cause, as defined by the regulations of the Department of State Health Services.
(i)(1) Each person admitted to a county-designated center for evaluation and treatment must receive the following information from the admitting staff of the center. The information will be provided orally and in writing and in a language or modality accessible to the person. Written information must be available to the person in English and in the language that is the person's primary means of communication. Accommodations must also be provided for other impairments that may affect communication. The information must be substantially the following:
My name is . |
My position here is . |
You are being admitted to this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check if applicable): |
◻ Harm yourself. |
(list of facts on which the allegation of danger is based |
It will be retained for a period of up to 72 hours. During the 72 hours, you may also be transferred to another facility. You can request to be evaluated or treated at a center of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee that the mental health center or professional you choose will be available, but we will honor your choice if we can. |
During these 72 hours, you will be evaluated by facility staff and may receive treatment, including medication. It is possible that you will be released before the end of the 72 hours. But if the team decides you need continued treatment, they may stop you for a longer period of time. If you are detained for more than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you cannot pay for the attorney, one will be provided free of charge. |
If you have questions about your legal rights, please contact the County Patients' Rights Attorney at _____ (County Patients' Rights Attorney's office phone number) _____. Your 72-hour period began _____ (date/time) _____ . |
(2) If the report is made in a county where weekends and holidays are excluded from the 72-hour period, the patient must be informed accordingly.
(j) For each patient admitted for evaluation and treatment, the organization shall maintain in the patient's medical record a record of the advice provided pursuant to subsection (i), which shall include all of the following:
(1) The name of the person performing the consultancy.
(2) The date of the notice.
(3) Whether the consultancy has been completed.
(4) The language or modality used to communicate the notice.
(5) If the counseling was not completed, a statement of the cause.
(Amended by Stats. 2018, Ch. 258, Sec. 1. (AB 2099) Effective January 1, 2019.)