If your teen is in crisis in California, a 5585 hold allows for a 72-hour psychiatric evaluation. Understanding the exact timeline and your parental rights during the process could change everything about how you navigate their emergency.
Understanding California's 5585 hold regulations is crucial when families face adolescent mental health emergencies. These legal provisions create a structured framework for crisis intervention while protecting both minor patients and parental rights during some of the most challenging moments families experience.
A 5585 hold refers to California's Welfare and Institutions Code section, authorizing a 72-hour involuntary psychiatric evaluation of minors under 18 years old. This legal mechanism serves as the juvenile equivalent of adult 5150 holds, specifically designed to address the unique needs of children experiencing mental health crises.
It's important to note that the hold can only be initiated when specific criteria are met and only by authorized individuals. What's more, they have to personally observe behaviors that indicate the minor meets at least one of three critical criteria.
The three criteria for a 5585 hold include:
Vitally, a 5585 hold can only be implemented when voluntary treatment isn't feasible because parents or guardians are unavailable or unwilling to provide consent. Mission Prep explains that parental consent to voluntary psychiatric hospitalization can prevent involuntary hold procedures, emphasizing the importance of family collaboration in crisis situations.
The 72-hour period for a 5585 hold begins at the time of admission to the designated mental health facility, not when the minor is first taken into custody or during transportation. This distinction is critical for families tracking the timeline, as several hours may pass between initial detention and facility admission.
Understanding this timing helps parents prepare for the evaluation process and know when their child's assessment period officially begins. The clock starts ticking only when proper intake procedures are completed - and when the minor is officially admitted under the 5585 provision.
California law specifically excludes weekends and holidays from the 72-hour calculation, which can extend the actual detention period beyond three calendar days. If a hold would normally end during a weekend or holiday, the detention then continues until the next business day when full staffing and resources are available.
During the 72-hour assessment period, minors undergo a detailed psychiatric evaluation by licensed mental health professionals. The process includes detailed interviews with the minor and, when possible, with parents or guardians to gather crucial background information and treatment history.
Medical examinations, psychological testing, and behavioral observation in the controlled environment provide additional data for clinical assessment. The evaluation focuses on determining the nature and severity of the mental health condition, assessing ongoing risk factors, evaluating functional abilities and support systems, and identifying appropriate treatment recommendations.
California Welfare and Institutions Code Section 5585.50 mandates that facilities make every reasonable effort to notify parents or legal guardians as soon as possible after a minor is detained. This notification must include information about the child's location, reason for the hold, and basic details about the assessment process.
If parents haven't received notification and suspect their child may have been placed on a hold, they have the legal right to contact hospitals and mental health facilities to request this information. Facilities cannot withhold basic location and status information from parents or legal guardians.
Parents generally retain visitation rights during a 5585 hold, though facilities may impose reasonable restrictions on visiting hours and duration. These limitations accommodate treatment schedules and maintain therapeutic environments while preserving family connections during crisis periods.
Most facilities establish specific visiting hours for family members, which staff should clearly communicate during initial notification. Parents can also typically maintain phone contact with their child, subject to facility policies and clinical recommendations about therapeutic timing.
Parents maintain significant medical decision-making authority during 5585 holds, though this authority faces temporary limitations in specific emergency situations. While the hold permits assessment and crisis stabilization without parental consent, ongoing treatment decisions - especially regarding psychiatric medications - generally require parental involvement.
Parents possess the legal right to challenge a 5585 hold if they believe it was improperly implemented or is no longer necessary. This challenge typically occurs through a writ of habeas corpus - which is a legal petition asserting unlawful detention of the minor.
Pursuing this legal option usually requires a consultation with an attorney experienced in mental health law who can file appropriate documents with the court. The legal process examines whether proper criteria were met for the initial hold and whether continued detention remains justified based on current clinical evidence.
Before the 72-hour period expires, treating psychiatrists must determine whether minors continue meeting criteria for involuntary detention. If their assessment indicates an ongoing risk and need for intensive treatment, the hold may be extended through a 5250 certification, allowing up to 14 additional days of treatment.
During a 14-day 5250 hold, a certification review hearing occurs within the first four days to determine whether sufficient evidence supports continued detention. This hearing provides legal protections for the minor, including access to a Patients' Rights Advocate who assists with understanding rights and legal options.
Families facing adolescent mental health crises often have opportunities to pursue voluntary treatment options that can prevent involuntary holds while still providing necessary crisis intervention. When parents recognize warning signs and act proactively, voluntary admission to psychiatric facilities may address safety concerns while preserving family autonomy in treatment decisions.
Early intervention through outpatient crisis services, intensive outpatient programs, or voluntary residential treatment can address escalating symptoms before they reach the severity requiring involuntary intervention. Parents who maintain open communication with mental health providers and respond promptly to crisis recommendations often successfully avoid involuntary hold situations.
Some centers specialize in adolescent mental health crisis intervention with treatment approaches that address the complex needs families face during psychiatric emergencies. Programs often include 24/7 crisis support, residential treatment for teens aged 13-17, and broader programs for adolescents aged 12-17, plus family education about complex mental health legal processes.
Families dealing with 5585 situations need far more than crisis stabilization. In fact, they require ongoing support systems that build sustainable recovery foundations. As such, evidence-based treatments integrate individual therapy, family counseling, and therapeutic modalities designed specifically for adolescent mental health needs.
Clinical teams can provide ongoing education and guidance throughout crisis situations, helping families understand legal processes while focusing on therapeutic outcomes. Their home-like residential environments and family-focused philosophies help teens develop coping skills while maintaining meaningful connections with their support systems during challenging treatment periods.
