PLEASE read this thread on what a 5150 entails and what your rights are when placed on a 5150! A 5150 is code for a 72-hour involuntary hold where you are detained at a psychiatric facility. https://twitter.com/breezymusicnyc/status/1266293035752542215
Those who can authorize a 5150 are: peace officers, p0lice officers, members of mobile crisis teams, a professional designated by the country, or a professional in charge of a facility designated by the country for evaluation & treatment (or even a member of the attending staff)
If you're deemed a danger to others or yourself or if you're deemed gravely disabled then you can be placed under a 5150 and brought in for assessment & evaluation. Probable cause is needed to do this, but as y'all can see there's a lvl of vagueness to the semantics here.
You have the right to refuse medical treatment (except in an emergency) & the right to refuse to take part in any research projects or experiments. But a court can say that you lack the capacity to consent/refuse then the facility can administer treatment w/o consent to you.
Rights that CANNOT be denied are the right to humane care, to be free from abuse/neglect, be free from discrimination, religious freedom & practice, education, social activities & recreation. You have the right to file complaints and have access to patient advocates.
Rights that CAN be denied are visitations, telephone usage, mail, & personal possessions. These can be denied when an attending professional has "Good Cause" to believe that allowing a specific right would cause injury, infringement on others' rights, or property damage.
Your rights CANNOT be denied as a condition of admission, a privilege to be earned, a punishment, a convenience to staff, or part of a treatment program. A staff MUST inform you of this denial & why they are doing this, and it must go on your treatment record.
Once the 72 hours are up one of three things can happen: you are discharged, you stay voluntarily for further treatment, OR you are placed on a 5250 which is a 14 DAY involuntary hold. If you contest this the facility will conduct a certification review hearing.
This hearing has to happen within 4 days after the 5150 ends. You can be represented at this hearing by an advocate or person of your choice. You can have family members present. You can have people join the hearing via telephone.
This is NOT the same as requesting a WRIT OF HABEAS CORPUS which is a legal request asking a court to determine whether you can be detained. When you request a writ you GIVE UP your right to have a certification hearing. There is also a Riese hearing.
A Riese hearing is a capacity hearing for medication, held to determine whether you can refuse medications. It is conducted by a hearing officer at the facility or by a judge in court. They determine if you have the capacity to consent/refuse medication as a form of treatment.
You have the right to be represented at the capacity hearing by an advocate or attorney. If you disagree with the hearing's decision you can appeal the decision to a superior court or court of appeal. Your advocate or attorney can assist you with filing the appeal.
"Capacity" is a determination of whether a person is aware of their situation, able to understand the risks and benefits of proposed treatment, and able to understand and evaluate info that concerns giving consent.
The Informed Consent Process is VITAL. Before you consent to any medications your doctor must explain to you the following: why you are taking this medication & what the benefits are, your right to withdraw consent at ANY time (cont.)
(cont.), the type & amount of medication & how often you must take it, the side effects and which effects you are most likely to experience, & how long the dr expects you will need to take the medication, alternative treatments that are available, and potential long term effects
Talk to your advocate if you are asked to consent to taking medications w/o being given a full explanation of what they entail. Research your state's rights when it comes to involuntary detainment on the basis of mental health.
You're gonna have to sign a firearms prohibition when admitted involuntarily, which means you won't be able to purchase firearms for a period of time depending on which state you live in.
States can greatly vary on your rights when involuntarily detained. Make sure you do your research if there's reason to believe p0lice in your state are using this as a tactic. Pls contribute to this thread if there's more important info and I'll boost it! Stay safe out there!
You can follow @anyanotanna.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: