Section 1: Pertinent Sections of the Welfare & Institutions Code

EFFECTIVE Jan 01, 2023: Judicial Review is triggered when someone is held longer than 72 hours from the time the 5150 Hold was written! **72 HOUR clock starts at the TIME the HOLD is written**

WIC 5256.1-7: DAY 7 on a 5150 Hold in the non-designated hospital Emergency Dept. NOW requires a Certification hearing for probable cause.

  • WIC 5150 (k): A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients’ rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.
  • WIC 5256 (b): When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified, which is also DAY 7 from the time the person was first placed on a 5150 Hold.