What the Hell is a 5150 Anyway?

I know, I know, there is so much confusion on what is going on with Britney and how she seems to have a revolving door at psych wards, that I thought I would spend some time trying to make heads or tails of exactly what the law says.

It's long, and I'm certainly no expert on California's Welfare and Institutions Code.  Hold on to your hats people, MamaPop's going scholastic.

Wikipedia does a fairly nice job laying it all out, as does one of my favorite legal resources, findlaw.  Newsweek had a California Psychiatrist weigh in.

In really simple terms, it's a civil commitment, or what is sometimes called an involuntary commitment.  Under 5150, a person may be committed by a police officer or clinician. The law does not mention being committed by a family member.  The criteria for commitment requires probable cause of danger to self, danger to others, symptoms of a mental disorder, or grave disability.  The conditions must exist under the context of a mental illness and the person must be refusing psychiatric treatment. 

During the period of confinement, a confined individual is evaluated by a mental health professional to determine if a psychiatric admission is warranted.  If the individual is then admitted to a psychiatric unit, only a psychiatrist may rescind the 5150 and allow the person to either remain voluntarily or be discharged. 

On or previous to the expiration of the 72 hours, the psychiatrist must assess the person to see if they still meet criteria for hospitalization. If so, the person may be offered a voluntary admission. If it is refused, then another hold may be requested for up to 14 days, the 5250.  A hearing must occur within four days before a judge or hearing officer to determine whether probable cause exists to support the 5250. If the 72 hour time frame has elapsed before the person is offered a voluntary admission or placed on the 5250, the person must be immediately released.

So you still with me?  Sounds to me like she will be there at least 72 hours if this is a true 5150 case.  I'm still not clear how she got out last time so quickly.  Maybe no one ever applied for the 5150?  Or a psychiatrist cleared her, which I think would be malpractice.  This girl is clearly out of control.

Comments

[Average Jane]

Ah, that also explains the Van Halen album title "5150."

[Meaghan]

This is her SECOND 5150, actually. Her first was with the ambulance nonsense from a month or so ago.

Dr. Drew Pinsky, who some people love to hate (but I happen to love), talks about it in this interview:

http://youtube.com/watch?v=_Jrp2DtH848

[BaltimoreGal]

Who hates Drew Pinsky?!? Speak up so that I may kick your ass!

[jodifur]

I actually read this morning that the first 5150 was signed in my a police officer and the 2nd was her psychiatrist, which the hospital will take more seriously. Some police officers was 5150 more than they should, so hospitals don't treat them the same.

[DianaCLT]

I'm with BaltimoreGal! Who the hell hates my new silver-haired fox?!? Dr. Drew is awesome!