Humboldt:
EFFECTIVE Jan 01 2023: Across California, the 72 hour clock starts at the time the initial legal hold was first written.
Emergency Dept.-Algorithm for Due Process Hearings
Training slides for: Due Process in Emergency Dept.
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!
- 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
Humboldt County BH will reassess every 72 hours from the time the 5150 was written. Humboldt County BH will write sequential holds on individuals who are still meeting criteria for an involuntary hold who are awaiting bed placement at an acute psychiatric hospital or Psychiatric Health Facility.
Patients must be assessed and a sequential 5150 hold written at the end of 72 hours if the patient still meets 5150 criteria and has not yet been admitted to a designated psych facility.
This assessment may be conducted via teleconference.