Q: Does law-enforcement need to be present when they put you on a 5150 hold?

A: Not always. Under Welfare & Institutions Code §5150, several professionals in California—not just law enforcement—have authority to place someone on a 72-hour psychiatric hold if they are a danger to themselves, others, or gravely disabled due to a mental disorder. These include:

1. Police officers or sheriff’s deputies

2. Designated county mental health clinicians or crisis team members

3. Certain hospital staff who have been authorized by the county

If a mental health professional initiates the 5150, law enforcement may become involved to assist with transport or safety if needed, but they do not have to be present for the hold itself to be legally valid.

If you or a loved one were placed on a 5150 hold and believe it was done improperly, you may have the right to request records or consult an attorney to review whether proper procedures were followed.

A: No, law enforcement does not have to be present for a 5150 hold in California. A 5150 hold allows a qualified mental health professional, such as a doctor or licensed clinician, to involuntarily detain someone who may be a danger to themselves, others, or gravely disabled due to a mental health condition. Law enforcement may be involved if the person is posing an immediate threat or if transportation to a facility is needed, but their presence is not a legal requirement.

The hold is intended to ensure immediate evaluation and treatment for the individual’s safety. Mental health professionals can initiate the hold at a hospital, clinic, or even in the community if they assess a serious risk. The goal is to provide care, not to punish, and law enforcement is only called in when there is a safety concern during the process.

If you are concerned about your rights during a 5150 hold, you have the right to be informed about the reasons for the hold and to receive an evaluation by qualified medical staff. You also have the right to request that a family member or friend be notified. Understanding that law enforcement presence is situational can help reduce anxiety if a hold occurs.