Legal Rights of Persons With Disabilities - Ossh.com

e detained at a mental health facility for purposes of evaluation and treatment for up to 72 hours. (Welf. &
Inst. Code, ' 5150.)
"Gravely disabled" refers to a person who, as a result of a mental disorder, is unable to provide for his
or her basic personal needs for food, clothing, or shelter. People are not gravely disabled if they can provide for
their basic needs with assistance from others, such as family or friends. (Welf. & Inst. Code, '' 5008, subd.
(h), and 5150; Conservatorship of Early (1983) 35 Cal.3d 244; Conservatorship of Chambers (1977) 71
Cal.App.3d 277.)
At the end of the 72-hour period, a detained individual must be released if, in the opinion of the
professional in charge of the facility, the individual no longer requires evaluation or treatment. An individual
can also be referred for further care and treatment on a voluntary basis, certified and detained for further
intensive involuntary treatment, or recommended for conservatorship proceedings. (Welf. & Inst. Code, ' 5150
et seq.)
D. Certification For Intensive Treatment
A person may continue to be detained for not more than 14 days beyond the initial 72-hour period once
he or she is certified for intensive treatment. The certification is given if the following conditions are met:
$ the person is Agravely disabled@ or a danger to others, or to himself or herself;
$ the facility is certified to provide treatment and will admit the person; and
$ the person has been advised of the need for, but has not been willing or able to accept, voluntary
treatment.
(Welf. & Inst. Code, ' 5250.)
A person certified for intensive treatment has a constitutional right to an administrative or court hearing
to determine if probable cause exists to hold the person for treatment. A certification review hearing must be
held within four days of the date on which the person is certified for a period of intensive treatment, unless the
person requests judicial review. A person is entitled to have an attorney or advocate assist in preparation for the
hearing. The hearing is not adversarial and is conducted in an informal and impartial manner. (Welf. & Inst.
Code, ' 5254 et seq.)
If the hearing officer decides that there is no probable cause to believe that a person is Agravely
disabled@ or a danger to himself or herself, the individual can no longer be detained involuntarily, but may
voluntarily remain at the facility. (Welf. & Inst. Code, ' 5256.5; Doe v. Gallinot (9th Cir. 1981) 657 F.2d
1017.)
E. Judicial Hearing
Every person detained after certification for intensive treatment has a right to a judicial hearing to
obtain release from the facility. A person must be informed of this right when a copy of the certification notice
is given to him or her. A person must also be informed of his or her right to an attorney. (Welf. & Inst. Code, '
5254.1.)
The hearing must be held promptly. The person will be released if the court finds: (1) that the person
is not Agravely disabled@ or a danger to himself or herself, or to others; (2) that the person was not advised of
the need for voluntary treatment, or had accepted voluntary treatment; or (3) that the facility cannot provide
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