When Does 72 Hour Clock Start & Due Process – Lake County

Lake

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

Lake County does not have a designated Psychiatric Health Facility, designated Acute Psychiatric Hospital, or inpatient psychiatric unit in a General Acute Care Hospital; instead it works with psychiatric facilities for admission to those units.