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Welfare and Institutions Code Sections 5150-5157.

Dear Reader, My name is Dr. Jim Fix; I am a clinical psychologist and currently serve as the Executive Director for the Psychiatric Emergency Response Team (PERT, Inc.) here in San Diego County. Prior to joining PERT, I worked at a local hospital as a psychiatric liaison performing psychiatric assessments in the Emergency Department. I worked as the supervisor for that department for the last few years of my employment there. I am also member of NAMI and have several family members who have mental illnesses. I also serve on the Board of Director’s for NAMI-North Coastal in San Diego as the mental health professional. As a result of my professional and personal experiences I would like to provide some insights to, and attempt to provide a user friendly interpretation of the often confusing Welfare and Institutions Code 5150.

An area of immense importance and one that is a source of confusion for many mental health professionals, law enforcement personnel, families and clients with mental illness is the Welfare and Institutions Code Section 5150. This is the code that gives law enforcement, many Emergency Department physicians, and select mental health professionals the ability to detain and/or transport clients with mental illness who are a danger to themselves, a danger to others, or gravely disabled (as a result of the mental illness) for a period of time, up to 72 hours. The 5150 is what allows law enforcement officers/deputies and PERT clinicians to take someone against their will to the hospital for an assessment and possible admission.

I will attempt to interpret various areas of the code that often cause confusion and frustration for families, clients, and the people who initiate 5150’s. I must however issue this disclaimer first; I am not a lawyer and this is MY interpretation of the code. Many of the experts who wrote these codes and those who set policy regarding these codes do not always agree on exactly what the code means or how to follow it. I will provide what in my experience is the way most people in San Diego County interpret and follow the W&I Code Section 5150. This is just my personal and professional opinion and it may be interpreted differently by other people, please only use this for general information and know that someone else may have a different take than I do. Additionally, I will be limiting this discussion to Section 5150 which deals with detaining and transporting the client to the hospital, and not the Codes that deal with keeping clients in the hospital or extending the length of time a patient may stay in the hospital against their will (14-day holds, temporary conservatorship, etc.)

The select text of the W&I Code Section 5150 will be presented after this summation. I will address the areas of the Code that seem to be confusing, not well known, or extremely important by their numerical code. To read the full text, look after this discussion to the area of the code that you want to read about. The full Welfare and Institutions Code can be found at: http://www.dmh.ca.gov/Admin/regulations/docs/2006EditionFullText/statutes.pdf starting on page 295.

5150- This is the “global” term that is used to describe the Welfare and Institutions Code Section 5150. Unfortunately, this term is also used as slang in reference to someone with a mental illness, typically when someone is acting “bizarre” or out of control, as in “that guy is 5150." Further troubling is the fact that the term is misused (unknowingly) by many health care professionals. This is the confusing part, there are really three parts to a “5150” (at least for the person who is actually admitted to the hospital). There is a 5150, 5151, and finally the 5152. However, the same “5150” form follows the consumer through all three “stages” of the process and it is commonly referred to as a 5150 through all three stages. When a person is detained and transported to the hospital, they are placed on a “5150” by the police officer/Deputy, PERT clinician, or other certified person (e.g., ER doctor). This 5150 only allows for that person to be taken to the hospital (usually the ER or County Mental Health’s Emergency Psychiatric Unit) for an assessment (or kept until a psychiatric assessment can be done in the case of someone already in the ER and placed on the hold by an ER physician), usually done by the psychiatric liaison, social worker, or infrequently a psychiatrist (unless at County Mental Health where all assessments are done by a psychiatrist). The 5150 gets the client to the hospital. The assessment performed at the hospital by the psychiatric liaison or social worker is actually referred to in the code as a 5151. After the assessment, the client is either kept on the hold or released from the hold and allowed to leave the hospital, or in some cases allowed to sign into the hospital voluntarily. If admitted to the hospital involuntarily (on the hold) the 5150 (detain and transport) and subsequent 5151 (ER assessment) magically becomes a 5152 (involuntary admission the behavioral health unit). Most people just call it a 5150, even when it transforms into a 5151 and then a 5152.

But what is a 5150? W&I Code 5150 states that a designated person (law enforcement, PERT, ER doctors, mobile assessment teams, other designated professionals, typically psychiatrists with admitting privileges at a psych hospital) upon probable cause, may involuntarily take, or cause to be taken, the person who as a result of a mental disorder is a danger to themselves, a danger to others, or gravely disabled to a designated hospital (LPS certified) for an assessment. The 5150 only allows for the detaining and transportation to the hospital for the assessment, it does not guarantee admission to the hospital, only an assessment! The 5150 is just an application for admission. It says to the hospital personnel, we believe this person has a mental disorder and we suspect that he/she is a danger to him or herself, others, or gravely disabled, please do an assessment and admit to the behavioral health unit if you agree. It does not allow the person writing the hold to admit the client to the hospital, just to take them there for an assessment.

The rest of this section states that the person placing the hold must present it in writing to the hospital. It concludes with a statement saying if someone knowingly presents false information that helps the officer or clinician establish probable cause, that they (the informant) may be civilly liable.

A few definitions may help here.

What is probable cause? Probable cause has been defined in the context of 5150 to require that the professional person placing the hold know facts “that would lead a person of ordinary care and prudence to believe, or to entertain a strong suspicion, that the person detained is mentally disordered and is a danger to him or herself, others, or gravely disabled." As alluded to above, probable cause can be made known to the officer or clinician by someone other than the client, more on this in Section 5150.05.

What does a danger to self or others mean? There is no statutory or regulatory description of what constitutes a danger to self or others. This is unfortunate as this is open to interpretation. Common practice typically defines this as the person is suicidal or homicidal. Imminence is also implied in the application and enforcement of 5150’s. This meaning someone who has alcohol dependence and states “I know if I continue to drink that I’ll die someday, I know the consequences” would not likely be placed or remain on the 5150. Compared to “I am depressed and I’m going to commit suicide today by overdose,” that clearly meets 5150 criteria.

During a California Hospital Association seminar on the 5150 process that I attended on Nov 9, 2006, information was presented that states the 5150 merely requires probable cause that the person is dangerous to others or self (e.g., person driving down the freeway slams on car brakes every 100 feet because God tells him to do so and e.g. person believes he can fly from a tall building). They further state that the intent or desire to kill oneself or others is not necessary and does not require an attempt on ones life or another’s life be made. However, as mentioned above, the common practice and belief amongst local law enforcement and clinicians is that imminent and usually intended danger to self or another is required for the 5150. It is also important to note that a person must "presently” be a danger to themselves, others, or gravely disabled to meet 5150 criteria. This can be frustrating for families if their loved one was suicidal a couple of days prior to the assessment, but at the current time is not and they are not placed on the hold, even though their psychiatric symptoms remain severe.

What does Gravely Disabled mean? Luckily there is a definition of this term. Gravely disabled is defined as “A condition in which a person, as a result of a mental disorder, is unable to provide for his/her basic personal needs for food, clothing, or shelter." Unfortunately, the interpretation of what food, clothing, and shelter are not what most of us would consider “humane." If for example, a person had a plan to sleep under a bridge and collect food from a trash can, they would not be considered gravely disabled by common practice. Conversely, the person may live in a home and have some food in the pantry, but be so compromised that they can not prepare or eat the food, and they may meet the criteria of being gravely disabled. The inability to provide and utilize these basic provisions must also put the person at risk Again, to meet criteria the person must “presently” be gravely disabled and be unable to provide and/or utilize these basic necessities.

5150.05- This is an area of the section that is often times neglected by the people conducting the initial contact with the client and deciding whether or not to place the person on a 5150, as well as by the people who conduct the assessments at the hospital (5151’s) and making the decision to keep the hold in place and admit the client or not. In my experience, I have found the belief among many law enforcement personnel and clinicians to be that they themselves must witness or hear from the client information that would cause them to place the client on a hold. As this section of the code states, that is not necessary. This section of the code was revised in 2001 to encourage collateral information from reliable third parties be included in the decision making process by the person making the decision to place the 5150 or not. To summarize this section (see below for the full text) it states that the person authorized to place the person on a 5150 shall consider available relevant information about the historical course of the person’s mental disorder if that authorized person determines that the information has a reasonable bearing on determining whether the client is a danger to self, others, or is gravely disabled. It further states that the information may be presented by the person who has been, or is providing mental health or related support services, or by one or more members of the client’s family. In other words, reliable third party information shall be considered by the officer or clinician if they feel it helps establish probable cause that the client is a danger to self, others, or gravely disabled. It concludes with a statement that if the third party makes false statements they can be liable for civil action against them.

This section is an area of the code that you as a family member or loved one can assist the law enforcement officer or clinician who is making the determination of whether to place the client on a 5150 or not. Let the person know that you would like to give them some relevant information regarding the client’s disorder and current situation. It is best if you can do so in private or out of the client’s range of hearing. Be calm, respectful, and to the point. Summarize the client’s current situation and why they were called out (or brought to the ER if you are there). A very brief history such as “Jim has schizophrenia, has been hospitalized 5 times before, most recently at (name of hospital) 3 months ago, is currently under psychiatric care with Dr. Jones his psychiatrist and Jim is supposed to take Risperdal but has not taken his meds for 2 weeks. I called you out today because Jim told me today that God told him to kill himself today and he refuses to go to the ER with me and he became agitated when I pressed the issue. Jim has attempted suicide 3 times before, most recently 3 months ago by overdose. Given his history I think he is at high risk and I would appreciate it if you would place him on a 5150 and transport him to (name of the hospital)." Law enforcement personnel are busy and understaffed and often pressed for time. This is sufficient information for them to initiate a 5150, even if Jim denies suicidal thoughts to the officer. As I mentioned, most people believe they must hear this from the client, but reliable third party information shall be considered if relevant. I would suggest printing out the W&I Code 5150 (and highlight 5150.05) to provide to the officer/deputy or clinician who seems reluctant to use your information. Since this code was revised in 2001, the officer or clinician may be unaware of the changes that allow for third party information to be used in determining probable cause.

5150.1- This basically states that an officer or designated person can not be told by the hospital to take the person to jail because they do not have a bed, nor can they deny that person from coming to the LPS designated facility (LPS means a hospital that has been designated to care for patient’s on holds)

5150.2- This section states that facilities cannot detain officers longer than the time necessary for a safe and orderly transfer of the client and the completion of the 5150 paperwork.

5150.3- This states that any clients brought in on a 5150, but not admitted, shall be provided appropriate referrals.

5150.4- Defines assessment as the determination (exam done by psych liaison or social worker) of whether the person will be evaluated and treated pursuant to the 5150 (means will they be admitted or not).

5151- This states that prior to admitting the client involuntarily to the hospital (psych unit) that the professional person in charge of the facility or his or her designee shall assess (5151) the individual in person to determine the appropriateness of involuntary detention. This is the assessment that is usually done by the psychiatric liaison or social worker in an emergency department (psychiatrist at CMH). It is this assessment that determines whether or not the client will be actually admitted to the behavioral health unit of the hospital. As mentioned above, the fact that law enforcement detained and transported a client to the hospital on a 5150 does not guarantee admission. The person performing the 5151 assessment at the hospital shall also consider relevant information from reliable third parties. However, many times the people providing this information are not known or available to the clinician at the hospital and they can only rely on what the client tells them, which often times contradicts the 5150 written out in the field and is then released. If you feel your information is important and necessary, it is vital that you communicate it to the hospital staff performing the assessment as well as the law enforcement officer who takes the client in. If not, the client may be released from the ER if your information is not available. This section also states that if the facility admits the person, they may do so for up to 72-hours. It also states that if they feel the client does not require involuntary admission he/she will provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Note, in San Diego weekends and holidays are included in the 72-hour period of time

5152- States that each person admitted involuntarily shall be evaluated as soon as possible and shall receive whatever treatment and care his or her condition requires for the full period of time that he or she is held. It goes on to identify the reasons that the person maybe released from the involuntary hold and who may do so. Essentially, the psychiatrist makes the decision and he or she must believe that the person no longer meets the 5150 criteria. It concludes with a discussion of required written and oral presentation of any medications being given, why, side effects, frequency, likelihood of improvement, alternatives, etc. and that an indication of whether or not the information was given be placed in the patients chart.

5152.1- States that the hospital shall notify law enforcement that brought the client to the hospital when the client is released if the law enforcement officer has requested to be notified and the reasons for notification are met.

5154- This section provides the psychiatrist, psychologist, and law enforcement officer protection from being civilly or criminally liable for the client’s actions if the client is released before or at the expiration of the 72-hour hold.

5156- This section states that person taking the client to the hospital shall take reasonable precautions to safeguard the client’s personal property or possessions that are in the person’s possession or on the premises occupied by the client if taken from the client’s home. Unless a responsible relative or conservator is present they may take possession of the property.

5157- This section describes the process for advising the client of what is happening by the person taking the client into the hospital pursuant to a 5150. Basically, the officer tells the client who they are, with what agency and that they are not under arrest and that they will be taken to the facility for a mental health examination. If they are at home they can bring a few personal items that the officer must approve and may call friends or family or leave a note to let them know where they are going.

Furthermore, if admitted to the facility the admission staff must also advise the client orally and in writing as to why they are being admitted involuntarily, and when the 72-hours began and when it will end. A copy of the written advisement will be given to the client and a copy will be kept in the clients chart.

To summarize the main points of the Welfare and Institutions Code 5150 that often causes confusion and frustration:

The client must “presently” be considered a danger to self, others, or gravely disabled to meet 5150 criteria. Recent symptoms of the above, if not currently present, do not usually allow for the 5150 to be initiated.
Definitions of danger to self or danger to others is usually interpreted as suicidal or homicidal feelings that include the element of immediacy.
The client may be released from the hospital anytime before the end of the 72 hour period of time if the determination is made that the client does not meet 5150 criteria any longer. This frequently happens after the assessment in the emergency department. Law enforcement, PERT, mobile assessment teams, etc. are only given the authority to bring clients in to the ER for an assessment, not for admission. Many times family members are surprised that a loved one returns home only hours after being taken to the hospital; this is why.
Third party information is now encouraged to help law enforcement and clinicians determine probable cause to dtermine if a client is a danger to self or others, or gravely disabled. Unfortunately many of the folks who perform the determination of whether someone meets criteria are unaware of this as the code (5150.05) was recently revised (2001) to allow for this.
If you feel that the officer or deputy is not utilizing your information, or for some reason you are displeased with the outcome of their decision of whether to place a 5150 or not, please call their law enforcement department and ask to speak to the watch commander. Explain your situation to them and hopefully a acceptable resolution can be made.

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Code Sections 5150-5157 Text

In addition to Dr. Jim Fix's executive summary, NAMI NCSDC has included the Code Text which is posted from the website AroundTheCapitol.com. The text is provided for information only and is not to be relayed on as legal advice.

5150. When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. Such facility shall require an application in writing stating the circumstances under which the person's condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled. If the probable cause is based on the statement of a person other than the officer, member of the attending staff, or professional person, such person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false.

5150.05. (a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, any person who is authorized to take that person, or cause that person to be taken, into custody pursuant to that section shall consider available relevant information about the historical course of the person's mental disorder if the authorized person determines that the information has a reasonable bearing on the determination as to whether the person is a danger to others, or to himself or herself, or is gravely disabled as a result of the mental disorder. (b) For purposes of this section, "information about the historical course of the person's mental disorder" includes evidence presented by the person who has provided or is providing mental health or related support services to the person subject to a determination described in subdivision (a), evidence presented by one or more members of the family of that person, and evidence presented by the person subject to a determination described in subdivision (a) or anyone designated by that person. (c) If the probable cause in subdivision (a) is based on the statement of a person other than the one authorized to take the person into custody pursuant to Section 5150, a member of the attending staff, or a professional person, the person making the statement shall be liable in a civil action for intentionally giving any statement that he or she knows to be false. (d) This section shall not be applied to limit the application of Section 5328.

5150.1. No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by mental health personnel to take the person to, or keep the person at, a jail solely because of the unavailability of an acute bed, nor shall the peace officer be forbidden to transport the person directly to the designated facility. No mental health employee from any county, state, city, or any private agency providing Short-Doyle psychiatric emergency services shall interfere with a peace officer performing duties under Section 5150 by preventing the peace officer from entering a designated facility with the person to be assessed, nor shall any employee of such an agency require the peace officer to remove the person without assessment as a condition of allowing the peace officer to depart. "Peace officer" for the purposes of this section also means a jailer seeking to transport or transporting a person in custody to a designated facility for assessment consistent with Section 4011.6 or 4011.8 of the Penal Code and Section 5150.

5150.2. In each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer shall be detained no longer than the time necessary to complete documentation of the factual basis of the detention under Section 5150 and a safe and orderly transfer of physical custody of the person. The documentation shall include detailed information regarding the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric evaluation under the standards of Section 5105. Each county shall establish disposition procedures and guidelines with local law enforcement agencies as necessary to relate to persons not admitted for evaluation and treatment and who decline alternative mental health services and to relate to the safe and orderly transfer of physical custody of persons under Section 5150, including those who have a criminal detention pending.

5150.3. Whenever any person presented for evaluation at a facility designated under Section 5150 is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided for pursuant to Section 5151 shall be offered as determined by the county mental health director.

5150.4. "Assessment" for the purposes of this article, means the determination of whether a person shall be evaluated and treated pursuant to Section 5150.

5151. If the facility for 72-hour treatment and evaluation admits the person, it may detain him or her for evaluation and treatment for a period not to exceed 72 hours. Saturdays, Sundays, and holidays may be excluded from the 72-hour period if the Department of Mental Health certifies for each facility that evaluation and treatment
services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays. Prior to admitting a person to the facility for 72-hour treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or his or her designee shall assess the individual in person to determine the appropriateness of the involuntary detention. If in the judgment of the professional person in charge of the facility providing evaluation and treatment, or his or her designee, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this section shall be interpreted to prevent a peace officer from delivering individuals to a designated facility for assessment under Section 5150. Furthermore, the preadmission assessment requirement of this section shall not be interpreted to require peace officers to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.

5152. (a) Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon as possible after he or she is admitted and shall receive whatever treatment and care his or her condition requires for the full period that he or she is held. The person shall be released before 72 hours have elapsed only if the psychiatrist directly responsible for the person's treatment believes, as a result of the psychiatrist's personal observations, that the person no longer requires evaluation or treatment. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is placed under a 72-hour hold and there is a collaborative treatment relationship between the psychiatrist and psychologist, either the psychiatrist or psychologist may authorize the release of the person from the hold, but only after they have consulted with one another. In the event of a clinical or professional disagreement regarding the early release of a person who has been placed under a 72-hour hold, the hold shall be maintained unless the facility's medical director overrules the decision of the psychiatrist or psychologist opposing the release. Both the psychiatrist and psychologist shall enter their findings, concerns, or objections into the person's medical record. If any other professional person who is authorized to release the person believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person's treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of the psychiatrist's personal observations, that the person no longer requires evaluation or treatment. (b) Any person who has been detained for evaluation and treatment shall be released, referred for further care and treatment on a voluntary basis, or certified for intensive treatment, or a conservator or temporary conservator shall be appointed pursuant to this part as required. (c) A person designated by the mental health facility shall give to any person who has been detained at that facility for evaluation and treatment and who is receiving medication as a result of his or her mental illness, as soon as possible after detention, written and oral information about the probable effects and possible side effects of the medication. The State Department of Mental Health shall develop and promulgate written materials on the effects of medications, for use by county mental health programs as disseminated or as modified by the county mental health program, addressing the probable effects and the possible side effects of the medication. The following information shall be given orally to the patient: (1) The nature of the mental illness, or behavior, that is the reason the medication is being given or recommended. (2) The likelihood of improving or not improving without the medication. (3) Reasonable alternative treatments available. (4) The name and type, frequency, amount, and method of dispensing the medication, and the probable length of time the medication will be taken. The fact that the information has or has not been given shall be indicated in the patient's chart. If the information has not been given, the designated person shall document in the patient's chart the justification for not providing the information. A failure to give information about the probable effects and possible side effects of the medication shall not constitute new grounds for release. (d) The amendments to this section made by Assembly Bill 348 of the 2003-04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.

5152.1. The professional person in charge of the facility providing 72-hour evaluation and treatment, or his or her designee, shall notify the county mental health director or the director's designee and the peace officer who makes the written application pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, when the person has been released after 72-hour detention, when the person is not detained, or when the person is released before the full period of allowable 72-hour detention if all of the following conditions apply: (a) The peace officer requests such notification at the time he or she makes the application and the peace officer certifies at that time in writing that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding actions witnessed by the officer or another person, would support the filing of a criminal complaint. (b) The notice is limited to the person's name, address, date of admission for 72-hour evaluation and treatment, and date of release. If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after receipt of notification.

5152.2. Each law enforcement agency within a county shall arrange with the county mental health director a method for giving prompt notification to peace officers pursuant to Section 5152.1.

5153. Whenever possible, officers charged with apprehension of persons pursuant to this article shall dress in plain clothes and travel in unmarked vehicles.

5154. (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, his or her designee, the medical director of the facility or his or her designee described in Section 5152, the psychiatrist directly responsible for the person's treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article. (b) The professional person in charge of the facility providing 72-hour treatment and evaluation, his or her designee, the medical director of the facility or his or her designee described in Section 5152, the psychiatrist directly responsible for the person's treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article. (c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article. (d) The amendments to this section made by Assembly Bill 348 of the 2003-04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.

5155. Nothing in this part shall be construed as granting authority to local entities to issue licenses supplementary to existing state and local licensing laws.

5156. At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person's personal property, the person taking him into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him into custody shall then furnish to the court a report generally describing the person's property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211; except that if a responsible relative or the guardian or conservator of the person is in possession of the person's property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him into custody for such property shall terminate. As used in this section, "responsible relative" includes the spouse, parent, adult child, or adult brother or sister of the person, except that it does not include the person who applied for the petition under this article.

5157. (a) Each person, at the time he or she is first taken into custody under provisions of Section 5150, shall be provided, by the person who takes such other person into custody, the following information orally. The information shall be in substantially the
following form:

My name is ____________________________________________.
I am a ________________________________________________.
(peace officer, mental health professional)
with __________________________________________________.
(name of agency)
You are not under criminal arrest, but I am taking you
for examination by mental health professionals at _____
_______________________________________________________.
(name of facility)
You will be told your rights by the mental health staff.

If taken into custody at his or her residence, the person shall also be told the following information in substantially the following form:

You may bring a few personal items with you which I will have to approve. You can make a phone call and/or leave a note to tell your friends and/or family where you have been taken.

(b) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (a) which shall include: (1) Name of person detained for evaluation. (2) Name and position of peace officer or mental health
professional taking person into custody. (3) Date. (4) Whether advisement was completed. (5) If not given or completed, the mental health professional at the facility shall either provide the information specified in subdivision (a), or include a statement of good cause, as defined by regulations of the State Department of Mental Health, which shall be kept with the patient's medical record. (c) Each person admitted to a designated facility for 72-hour evaluation and treatment shall be given the following information by admission staff at the evaluation unit. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available in the person's native language or the language which is the person's principal means of communication. The information shall be in substantially the following form:

My name is ____________________________________________________.

My position here is ___________________________________________.

You are being placed into the psychiatric unit because it is our professional opinion that as a result of mental disorder,
you are likely to:
(check applicable)
harm yourself ____
harm someone else ____
be unable to take care of your own
food, clothing, and housing needs ____
We feel this is true because
________________________________________________________________

(herewith a listing of the facts upon which the allegation of dangerous or gravely disabled due to mental disorder is based, including pertinent facts arising from the admission interview.)

You will be held on the ward for a period up to 72 hours. This does not include weekends or holidays. Your 72-hour period will begin ________________________________

(day and time.)
During these 72 hours you will be evaluated by the hospital staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided free. (d) For each patient admitted for 72-hour evaluation and treatment, the facility shall keep with the patient's medical record a record of the advisement given pursuant to subdivision (c) which shall include:
(1) Name of person performing advisement.
(2) Date.
(3) Whether advisement was completed.
(4) If not completed, a statement of good cause.
If the advisement was not completed at admission, the advisement process shall be continued on the ward until completed. A record of the matters prescribed by subdivisions (a), (b), and (c) shall be kept with the patient's medical record.

Important note: California laws are provided on AroundTheCapitol.com as a free public service. While Itrying to ensure that it always reflects current law, you should not rely on the text provided as legal advice.

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