Kern County, CA - Behavioral Health & Recovery Services

A 5250 is a legal extension of the initial 72-hour hold, allowing for up to 14 additional days of involuntary psychiatric treatment.  

Just like with a 5150, the person placed on a 5250 may be held up to 14 days. How long they remain depends on their condition and progress. 

If, after 72 hours, the person still meets one or more of the three legal criteria, danger to self (DTS), danger to others (DTO), or gravely disabled (GD), the attending psychiatrist may file a 5250 certification. 

By law:

• The individual must receive a copy of the certification

• They are entitled to an automatic hearing called a Certification Review Hearing

The hearing is informal, and a Patients' Rights Advocate from the Office of Patients' Rights will represent the individual to help ensure their rights are protected.  

A 5260 hold allows for up to 14 additional days of involuntary psychiatric treatment for a person who remains at risk for suicide.

To qualify for a 5260:

• The person must have threatened or attempted suicide during the 72-hour (5150) or 14-day (5250) hold and,
• They must continue to present an imminent threat of taking their own life

This type of hold requires a written application from the treating psychiatrist and is used when suicide risk remains high after prior treatment.

W&I Code § 5260
"at the expiration of the 14-day period of intensive treatment, any person who, during the 14-day period or the 72-hour evaluation period, threatened or attempted to take his own life and who continues to present an imminent threat of taking his own life, may be confined for further intensive treatment pursuant to this article for an additional period not to exceed 14 days". 

A 5270 hold allows for up to 30 additional days of involuntary treatment for a person who:

• Has already completed a 14-day hold (5250) and
• Continues to be gravely disabled due to a mental disorder

This extended hold is used when the individual still cannot provide for their own food, clothing, or shelter, even after the 14-day period of intensive treatment. 

A 5300 hold (Post-Certification) allows for up to 180 additional days of involuntary treatment for a person who:

• Has completed a 14-day hold (5250), and
• Is still considered a danger to others due to a mental health disorder

This type of hold is used in more serious situations where is person has made threats or committed acts of violence and continues to pose a risk to public safety.

If a person is found to be gravely disabled at their Probable Cause Hearing, the treating psychiatrist at the inpatient facility may request a Conservatorship Investigation through the court. 
If the investigating conservator concludes that the person cannot provide for their basic needs of food, clothing, and/or shelter, they may be placed on a Temporary LPS Conservatorship for continued treatment and discharge planning.

Conservatorship is a legal arrangement that allows a designated person (the conservator) to make decisions about mental health treatment and placement for someone who is unable to care for themselves due to a serious mental illness. 

Temporary Conservatorship (T-Con) 

A Temporary LPS Conservatorship is usually granted for up to 30 days. 
It allows for continued psychiatric treatment and discharge planning while the court gathers more information.  During this time, a court-appointed investigator reviews the case to determine whether a Permanent Conservatorship is appropriate. 

Permanent Conservatorship (1-Year Term)

If the investigation finds that the person continues to be gravely disabled due to a mental health disorder and cannot meet their basic needs without supervision, the court may grant a Permanent LPS Conservatorship for up to one year. 

• The conservator (usually a public guardian or family member) is legally allowed to make decisions about mental health treatment and placement
• Conservatorship must be renewed annually if ongoing care is needed.