Willits, CA asked in Civil Rights and Health Care Law for California

Q: Does a legally disabled adult on a 5150 hold in California have the right to have a visitor?

Thank you for your reply. My son is a mentally disabled adult who was put on a 5150 hold for attempting suicide 2 days ago and placed in a general hospital while awaiting placement in a mental health facility. The hospital told me I can't have visitors due to Mental Health policy, but Mental Health insists that after the initial intake was completed they have no control over visitation and it's up to the hospital. Everyone is passing the buck and I'm getting no answers; meanwhile my child is in extreme distress. I brought the hospital a copy of a letter to all facilities issued by Public Health stating that disabled people, including those with cognitive impairments, are allowed to have 2 visitors at a time, regardless of covid positivity rates. The nurse said it didn't apply to 5150 holds, and again Mental Health told me they have no control over visitation & that it's up to the hospital. I've searched patient rights online and can't find anything addressing this particular issue.

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I think so. A person doesn't lose her/his civil rights by being placed on a W & I section 5150 hold. However, I'm sure the usual and customary visiting hours would apply, as would any reasonable restrictions on the person's right to receive visitors. Much more information is needed to properly evaluate your inquiry.

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