A Certification Review Hearing, also called a Probable Cause Hearing, is an informal hearing held at the hospital to determine if there is "good cause" to continue holding someone under an involuntary psychiatric hold beyond the initial 72 hours.

At the hearing:

• A hearing officer reviews whether the person still to meets the legal criteria for an extended hold, such as being a danger to themselves, a danger to others, or gravely disabled due to a mental health condition. 
• The individual is automatically assigned a Patients' Rights Advocate, who helps protect their rights and represents them during the hearing.

If the hearing officer determines that there is no good cause, the person may be immediately discharged from the hospital. 

If good cause is found, the hospital may continue treatment under the appropriate extended hold (such as a 5250).

Right to File a Writ of Habeas Corpus

If your loved one does not prevail at their Certification Review Hearing, they still have the right to file a Writ of Habeas Corpus with the court. This is a formal legal petition that asks a judge to review whether the person is being held lawfully. 

• The request must be submitted in writing
• If accepted, the court will schedule a hearing to review the case
• A Writ of Habeas Corpus is often the only remaining legal remedy if the Certification Review Hearing does not result in discharge.  

Declining Representation by a Patients' Rights Advocate

Although individuals are automatically assigned a Patients' Rights Advocate for their hearing, they may decline representation if they wish. 

• They may choose to represent themselves or request a different legal representative
• If declined, the hearing will still proceed, and the individual must present their own case 
• If your loved one chooses not to be represented, it's important they understand their rights and the hearing process

Note: If your loved one declines the support of the Patient's Rights Advocate, our office will notify the hospital and request that they assist the individual in filing a Writ of Habeas Corpus if appropriate.  

What Are My Loved Ones Rights?