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Originally posted by Rasobasi420
No, she's been committed because of rampant drug use and intoxication while caring for a toddler and a newborn baby. Do you think she should take care of small children while so drastically inebriated?
Originally posted by truthrocks
She may not be a fit mother, but that is not a crime and does not call for medical intervention.
Originally posted by truthrocks
If she has committed a crime she should be in jail, not a hospital.
Section 5150 is a section of California's Welfare and Institutions Code (specifically, the Lanterman-Petris-Short Act or "LPS") which allows a qualified officer or clinician to involuntarily confine a person deemed a danger to himself, herself, and/or others and/or gravely disabled. A qualified officer, which includes any California peace officer, as well as any specifically designated county clinician, can request the confinement after signing a written declaration. When used as a term, 5150 can informally refer to the person being confined or to the declaration itself.
On or previous to the expiration of the 72 hours, the psychiatrist must assess the client to see if they still meet criteria for hospitalization. If so, the client may be offered a voluntary admission. If it is refused, then another hold, the 5250, must be written to continue the involuntary confinement of the client. If the 72 hour timeframe has elapsed before the client is offered a voluntary admission or placed on the 5250, the client must be immediately released.
The criteria for writing requires probable cause. This includes danger to self, danger to others together with some indication, prior to the administering of the hold, of symptoms of a mental disorder, and/or grave disability—as noted below. The conditions must exist under the context of a mental illness and the person must be refusing psychiatric treatment.
Danger to self: The person must be an immediate threat to themselves, usually by being suicidal. Someone who is severely depressed and wishes to die would fall under this category.
Danger to others: The person must be an immediate threat to someone else. A person hearing voices telling to kill someone, having anger management issues, and/or any unusual obsession or behavior with others would fall under this category.
Adult (patients over 18 years of age): The person is unable to provide for his/her food, clothing, and/or shelter, and there is no indication that anyone is willing or able to assist him/her in procuring these needs. This does not necessarily mean homeless, as a homeless person who is able to seek housing (even in a temporary shelter) when weather demands it would not fall under this category.
Minor (patients under 18 years of age): The person is unable to provide for his/her food, clothing, and/or shelter—even if these are supplied directly.
Mental disorder: Undefined by statute or regulation. Page 14 of the LA County LPS Designation Manual states that the initiator must be able to articulate behavioral symptoms of a mental disorder either temporary or prolonged (People v. Triplett,(1983) 144 Cal. App. 3d 283).