What’s Wrong with Britney?

Is there an instance in which the police would not make that determination, but just bring her to the hospital?
Yes, that's possible. Sometimes the cops don't really know what's going on. They don't feel confident or they don't even necessarily think a person is a danger to themselves or others, but they feel the person is not doing well and needs an evaluation by a competent mental-health professional. They will take them to the hospital and ask them to be evaluated, and the evaluating people will determine, "Yeah this person meets the criteria for a 5150," so they will put them on a hold.

What happens during a 72-hour hold? What kinds of tests are performed to determine if you can be held?
During the 72 hours, it's a time specifically designed for evaluating the patient to determine: are they truly a danger to themselves, a danger to others or gravely disabled? It's an observation time to determine what the person's difficulties are, what the real situation is, and, also, treatment is generally instituted in that time. For example if someone is suicidal, they will be talked to. The situation will be looked into, and they will generally be given medication--appropriate medication. They would often be taken to a treatment facility, so other types of treatment can be instituted, including caring for their safety and protection so they are not able to commit suicide or hurt someone else. Or that food, clothing and shelter is provided for. But the 72-hour time period is a time of evaluation and treatment.
 
What is involved in evaluating the person?
It's a complete psychiatric evaluation. Does this person have a psychiatric diagnosis? What's going on, and what needs to be done about it? It also involves an evaluation of their medical status. Is there a medical problem that's contributing here that needs to have attention paid to it? And then, the full interview, laboratory work … it can involve other types of medical studies like X-rays or scans. It just depends on the patient and the situation. Well, actually, any competent evaluation would inquire and probably test for [alcohol or substance abuse].
 
So it could be, for instance, that while you're under the influence, you are a danger to yourself. But when you are no longer under the influence, you are not, and you can then be released?
That's correct. Many people get drunk and recognize how bad they feel, how bad things are, and they talk about suicide. Those people have the police called on them. And the police don't want someone killing themselves so they bring them to the hospital. The person is kept in the hospital. They sober up and say, "I never said I was suicidal." Or, "Gee, that was a dumb thing for me to say." They are then usually kept a little while longer to make sure that's it's really true they are not suicidal, and then they can be discharged.
 
If the person wants to challenge the legal hold, what are the patient's rights, and how can lawyers challenge the hold?
I've been involved with hundreds, if not thousands, of 72-hour holds, and I have never, ever seen a legal challenge even mounted.
 
What happens at the end of the 72-hour-hold period?
One of three things happens: either the person is released because the treaters don't believe they are a danger to themselves or others, the person is placed on another hold because they do believe they meet the criteria for a hold or the patient will sometimes be changed to a voluntary status and remain in the hospital under their own will, as a voluntary patient.

Under the 72-hour period, is a patient allowed to be medicated against his or her will?
In California, you're only allowed to be medicated against your will if there is reason to believe you are a danger somehow. There are procedures that allow people to be medicated against their will.
 
How often is the 72-hour hold invoked in Los Angeles?
Oh, boy. I would guess in Los Angeles, probably a low number would be 30. A high number would be 100 in a day.
 
How often do you think it is used in a child-custody dispute?
It would be an inappropriate use of a 5150 to deal with a child-custody dispute, as far as I know. It's not around custody issues. It's about the behavior of the person.

© 2008