Section 1: Pertinent Sections of the Welfare & Institutions Code

DUE PROCESS in the EMERGENCY DEPT: 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 ACROSS CALIFORNIA**

  • WIC 5256.1-7: By DAY 7 on a 5150 Hold in the non-designated hospital Emergency Dept. NOW requires a Certification review hearing for Probable Cause.

The Hearing should be initiated immediately after the person has been first detained longer than 72 hours in the Emergency Dept.  (DAY 4 on a 5150) and patients’ rights notified.

  • 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 has not been certified for intensive treatment(WIC 5250) and remains detained pursuant to Section 5150, a certification review hearing shall be held within seven days of the date the person was initially detained pursuant to Section 5150, or 1799.111, if 1799.111 was used while waiting for the initial 5150 to be initiated.
  • Other Judicial Review links